Loading...
Item C06 BOARD OF COliNTY C01\1l\HSSIONERS AGEND/\ ITEIV! SF'VL'VIA.RY \eleCting Date: FEJ3.JSI;ARt.J5, 20(1.()"""~ DIVISIon: "...IPC~ _"~".".".""_".....~ Bu Hem: '{es "X No Der)arTrncllt: I _"_...."".~mm_ Staff Comact Person: \1axinc Pacini AGENDA ITE!\l \\lORDING: Approval of an Amendment to Agreernent with Key West Symphony Orchestra covering the Key West Symphony Orchestra 2005-2006 Season be\ween October 2005 and June 2(1\)6 to revise Exhibit A of the contract. ITEM BACKGROliND: PREViOUS RELEVANT BOCe ACfION: HOCC approved original Agreement at their meeting of October 19, 2005 CONTRA.CT/AGREEMENT CHANGES: Amendment to revise Exhibit A STAFF RECOMl\IENDA TIONS: Approval TOTAL COST: S21.r;OO BUDGETED: Yes X No COST TO COUNTY: S21.000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: \{cs X No AMOUNT PER .\IONTH Year /\PPROVED BY: _.x__ O\1B/Purchasing _X_._" Risk l'vlanagemem .. X DIVISION DIRECTOR /\PPROV DOCUI\lEN"l'ATION: udcd ~~~~_~~~ Not Required DISPOSITION: AGEND/\ ITEM Rc\/~sed 2.:'-'05 MONROE COlJNTY BOl\RD OF COUNT'{ COMMISSIONERS CONTR/\CT Sl/M\lARY C-'ontrac-t tl1: Key \Vest Symphony Contract ()rchestra Effective Date: Expiration Date: (~ontract Ptrrposc-/-'Dcscription: :\pPLoval Q.Lg11 j\nlc:):1dn1ellL~~) t\ gr(:/9Dlcnt \\Lilh Kev ""XV' cst S \JJlEhonv _Qg::hcstra co'{cring th~"_~~Yest SVIIWhol1v .QIchcstr~~)005-~"906 Sca_2~!n betwcgn Ocwber1J105 and June 20C/6 to revise Exhibit A of the contract. _~~~ _~~_~_r~~~~_~_ __r_~~~___ Comract Manager: Maxine Pacini "'"'.c:;:j"; _)J"-_) TDC 3 (Name) O:xt. ) lDepartmcntiStop for 130eC meeting on i'" i/\/ 1 )j()O l\genda [)ead.lin.c: 1 1/06 CONTRACT COSTS Dollar Value of Contract: S 21,000 Budgeted? Yes[Z] No Accou~;tm()odes:"" Gram: S ~^^~^~^~^.___O,OC"'OC'C " County Match: S Current Y car Porti on: S 115-75011-530340-T65C-308X-530410 115-75011-530340- T65C-308X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $_______/yr (Not included in dollar value above) For: ^~,~,~"'__~OC"'CCC~~_______________ "~"~,~"~_ 'ccc~c_~~ rnalntcflance. ut.ilitics~ janitorial~ saJarics~ etc.) CONTRACi REVIE\V Division Dircemr ... ~ .,. :;-":>. y csLJ Nol::.:J Changes Needed -Risk 1VlanagcIl1cnt y I O. \/ , N ,{ N ();vl13 Fonn ReVised 2:..27.--()]' \,1(-'1) :i') ADDENDUM TO AGREEMENT THIS ADDENDUM to agreement dated the day of 2006, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and Key West Symphony Orchestra, WHEREAS, there was a contract entered into on October 19, 2005, between the parties, awarding $21.000 to The Key West Symphony Orchestra covering the production of the Key West Symphony Orchestra 2005-2006 Season between October 2005 and June 2006; and WHEREAS, Exhibit A needs to be revised to reflect a change in the Schedule of Events due to Hurricane Wilma; 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 written, (SEAL) ATTEST: Key West Syrpphqny Orchestra / 'fi - () V !)?1f4t. ~d~r(;J/ J President : \.1 (8 EAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMM S8iONERS OF MONROE COUNTY FLORIDA Deputy Clerk Mayor IChairman EXHIBIT A (Amended 12/19/05) MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CUl rURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2006 EVENT NAME: Key West Symphony Orchestra 2005-2006 Season Ust schedule 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. October 20. 21. 22. 2005 Production of GREASE Januarv19.20,21.2006 Production of King and I Januarv 27 & 28. 2006 Master Concert #1 Mozart Elgar Tchaikovsky Overture to Don Giovanni Cello Concerto Symphony NO.4 Februarv 17 & 18. 2006 Master Concert #2 Strauss, J. Die Fledermaus Overture Rachmaninoff Piano Concerto NO.2 Uszt Les Preludes Strauss, R. Don Juan April 21 & 22. 2006 Master Concert #3 Smetana Mendelssohn Ovoh:ik The Bartered Bride Overture Violin Concerto Sympnony NO.7 June 2006 (4 weeks) Sot Fest 2006: More than 150 focal and visiting students study and perform concerts at various times and venues (10-20 opera students form the greater Northeast for 3 weeks). iF FUNDED, EXHiBiT A AND B WilL BECOME PART OF YOUR CONTRACT AND TRANSMfITED TO THE OFFiCE OF THE CLERK OF THE COURT. f,,fonroe County Tounst Development Council Cultural Umbrella Application Page 5 January 3, 2006 To: Maxine Pacini, Monroe County Tourist Development Council From: Monica Haskell, Cultural Umbrella Administrator Re: 2005/06 Cultural Umbrella - Exhibit A Revision Key West Symphony and Island Opera Theatre The attached revisions of "Exhibit A - Schedule of Events" for Key West Symphony and Island Opera Theatre are accepted by the Cultural Umbrella. Please incorporate into the a ppropri ate contracts. ,rIA FACSL\ULE December 19,2005 Cultural Umbrella Committee c/o Ms. Andrea Comstock. Business Manager Florida Keys Council of the Arts 1100 Simonton Street Key \VesL FL 33040 RE: REVISED SCHEDULE OF EVENTS (EXHIBIT A) Dear Ms. Comstoek: As a result of Flurricane \Vilma. the Key \VeSI Symphony rescheduled its December 9 & 10 program to February 17 & IS, 2006. 'rhis change was necessary to due to Fantasy Fest's rescheduling creating a conHict. Attached is an amended EXHIBIT A for the 2005-1006 season. Please note that we are planning the same total number of events. If you have any questions or require additional information. please feel free to contact me at 305.292.3251. Sinccrely~ Neil Birnbaum Executive Director EXHIBIT A (Amended 12/19/05) MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2006 EVENT NAME: Key West Symphony Orchestra 2005-2006 Season List scnedule 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. October 20, 21, 22. 2005 Production of GREASE January 19, 20, 21. 2006 Production of King and I Januarv 27 & 28, 2006 Master Concert #1 Mozart Elgar Tchaikovsky Overture to Don Giovanni Cello Concerto Symphony NO.4 February 17 & 18, 2006 Master Concert #2 Strauss, J. Die Ffedermaus Overture Rachmaninoff Piano Concerto NO.2 Liszt Les Preludes Strauss, R. Don Juan April 21 & 22. 2006 Master Concert #3 Smetana Mendelssohn Dvorak The Bartered Briae Overture Concerto Symphony NO.7 June 2006 (4 weeks} Sol Fest 2006: More than 150 local and students study pertorm concerts at various times and venues (10-20 opera students form the greater Northeast for 3 weeks). iF FUNDED. EXHIBIT A Mo,D B WiLL BECOME PART OF YOUR COi'jTRACT M~D TRM%fv1!TTED TO THE OFFICE CF THE CLERK OF THE COURT. i\lfonroe County Tourist Develcprnont Council eL,'/tural Umbre/fa Application Page 5 FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between the Board of County Commissioners of Monroe County, Florida, (hereinafter referred to as the UCounty") and Key West Symphony Orchestra (Hereinafter referred to as UEvent Sponsor"); WHEREAS, the umbrella organization under contrad 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 shaH pay a sum not to exceed $21,000 (Twenty One Thousand Dollars) for promotion and related expenditures effective October 1, 2005, as described in the event budget, attached hereto as Exhibit 8, for production of the Key West Symphony Orchestra 2005-2006 Season between October 2005 and June 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 Hne 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-aJlocated 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 shaff 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, shaH 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 SUCi1 requests before the end of the fiscal year, jf 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, 2006 all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shan not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after September 30, 2006. Key West Symphony Orchestra Cultural Umbrella Funding FY 2006 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 bodily injury (including death), personaJ 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 generaHy accepted accounting principles for three (3) years after the event and shalf 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 shalf 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/sheM 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. 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 liabHity and may also, at its discretion, deduct from the contract or purchase price1 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 list. 10. Logo: AU promotional literature and advertising must display the 'fThe Fforlda Keys & Key Westt Monroe County Tourist Development CounciJ, Come as You Are"; Key West Symphony Orchestra Cultural Umbrella Funding FY 2008 2 logo/trade mark adopted by the TOC 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 wm be considered unless this logo/trade 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 aU insurance policies required by this contract shall be filed with the Clerk of the soce prior to the Event. AU insurance policies must specify that they are not subject to canceHation, 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 fiabifity or obligation assumed under this contract or imposed by Jaw. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on alf policies. Any deviations from these General Insurance Requirements must be requested in writing on the County form titfed "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 latsr than twenty (20) days prior to the event Prior to commencement of work govemed by this contract, Event Sponsor shaH obtain General liability insurance. Coverage shall be maintained through out the lifa of the contract and include, as a minimum: .. Premises Operations .. Products and Completed Operahons .. Blanket contractual liability .. PersOnallnjuf'/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 Symphony Orchestra 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 contrad. 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. . IN WITNESS WHEREOF, each PraJ1Y has caused ,~~Agreement to be executed by its duly authorized representative, the lq -- day of ()('i-u\U./. 2005. ,y;:. .' (SEAl)';// . AttestfDanny L Kolhage, Clerk Board of County Commissioners of Monroe County './..~ o.L.JJ. IC! ~., \-1~1 ~ '\' i\.' ' '. /'<J ' Deputy Clerk / .-tft;,,; ~~c~tt.ld-Lj (CORPORATE SEAL) Attest: By. Secretary Key West Symphony Orchestra ~, / " a I (//',}}1'..,5~Y' ' By l /oct/v Vii { President OR Witness Key West Symphony Orchestra Cultural Umbrella Funding FY 2006 4 r [ D. MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2006 EXHIBIT A EVENT NAME: Key West Symphony Orchestra 2005-06 Season 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. 1 .J Production of Grease October 20,21,22,2005 1 December 9, 10 2005 ..... Rachmaninoff: Johann Strauss: Richard Strauss; Piano Concerto No.2 in C Minor - Natasha Paremski, Piano Fiedermaus: Overture Don Juan, Op. 20 January 19, 20, 21, 2006 King and I j January 27, & 28, 2006 Brahms: Hungarian Dances 1.3 & 10 Cello Concerto - Elgar - Nina Katova, cello Tchaikovsky. Symphony No.4 in F Minor i February 24, 25 & 26, 2006 Irving Berlin: Selections April 21 &22,2006 Mozart: Mendelssohn: Dvorak: Don Giovanni: Overture Violin Concerto in E Minor, Nicola Benedetti, Violin Symphony No. 7 June 2006 (4 weeks) Sol Fest 2Q06 - more than 150 local and visiting students study and perfonn concens at various times and venues (10-20 opera students from the greater Northeast for 3 weeks). IF FUNDED, EXHIBITS A AND 8 WilL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE OFFiCE OF THE CLERK OF THE COURT. Monroe County T ounst Development Council Cultural Umbrella Application Page 5 EXHIBIT 8 ~,,10NROE COUNTY TOUIST DEVELOPMENT COUNCiL CUL TURAL UMBRELLA EVENT FUNDS BUDGET BREAKDOWN FJSCAL YEAR 2005 EVENT NAME: KEY WEST SYMPHONY ORCHESTRA 05/06 SEASON MEDIA ADVERTISING $ 18,000 BROCHURES, POSTERS, PROGRt $ 1,000 DIRECT MAIL & POSTAGE $ PHOTO PROGRAM PUBLIC RELA TJONS $ PROMOTIONAL iTEMS $ (T-SHIRTS, CAPS, JACKETS,ETC.) MISCELLANEOUS* $ 2,000 TOTAL: $ 21,000 *MISCELLANEOUS MAY NOT EXCEED 15% OF THE ABOVE BUDGET ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THIS BUDGET. THE MAX!MUM REQUEST IS $25,000.00. FUNDS ARE PAID ON A REiMBURSEMENT BASIS. ALL PRINT AND TELEViSION MATERIALS MUST DISPLAY THE CURRENT TDC LOGO ALL BROADCAST ADVERTISING PLACED OUTSiDE MONROE COUNTY MUST iNCLUDE THE L "SPONSORED IN PART BY THE FLORiDA KEYS AND KEY WEST, MONROE COUNTY TOURIST DEVELOPMENT COUNCIL." iF FUNDED. EXHiBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND Ti:;';ANS~"lITTE[ OFFiCE OF THE CLERK OF THE COURT. THf nORIDA KfYS & KfYWfST HONRor COUNTY TOURIST DfVflOPMllH COUNCIl Come as YOU are$ I THf [lORIDA KfYS & KfY WfST HONROL COUNTY TOURI')T omLOPHLNT COUNCiL Come as you JIe~ mf nORIDA KfYS & KfY WfST MONRO[ {OU Nl'(TOURIS T DrifLOPMfNT (OUNG Come as you arc'" mf fLORIDA KnS & KfY WfST HON ROf (CUNIY 'OURIS f D[vllGPHfNT (QUNOL Come as you m:" THf flORlDA K[YS & KfY WfST HONROL WUNTY fOURIST OmLOPHfNT COUNCIL Come as you are$ mf [lORWA KfYS & KfY WfST HGNRO[ mum roURIST D[YHOPH[Nf (()U/lOl Come as you are" THE flORIDA KfYS & KnWfST THf [LORlDA KEYS &KfywrST TNf flORlDA KEYS & KflWfST KONROf COUNTY TOUR!ST DfV!10PMfNT COUNCIl HONRO[ COUNTY TOURIST OfVfLQPMlNT COUNCil MONROE COUNTY TOURIST DEYfLOPMfNT COUNCIL Come as you arc:@ Come as you are@ Come as you are@ THE fLORlDA KEY) & KEY WEST THE fLORIDA KEYS & KEY WEST THE fLORlDA KEYS & KEY WfST MONROE COUNTY TOURIST DP/HOPMHn COUNCil MONROE COUlffi'TOURIST DfVfWPMfNT COUNCIl MONROf COUNTY TOURIST DfVfLOPMfNT cauum Come as you arc:@ Come as YOll are@ Come as you are& W[ flORIDA KHS &K[Y wm m[ flORIOA KHS & KEY wm TU[ fLORlDA KHS & KH wm MONROf COUNTY TOURIST DfVfWPMHH COUNCIl MONROf COUNTY TOURIST DEVELOPMfNT COUNCIL MONROE COUNTY TOURIST DfVfWPMtNT COUNCIL Come as you are@ Come as you are@ Come as you. are@ TU[ fLORIDA K[YS & KH wm m[ [lORlDA KHS & Kn wm mr fLORIOA Km & KH wm MONROE COUNTY TOURIST DfYROPMfNT COUNCil MONROE COUNTY TOURIST DfV[LOPMfNT COUNCIl MONROf COUNff TOURIST DEVELOPMENT COUNCIl Come as you are@ Come as you are@ Come as you are@ TUf fLORlDA KEYS & Kfl fSf MONRO[ COUNTY TOURIST DfVfLOPMfNT COUNCIL Come as yOU are@ i ruf [WRIDAKfYS&KH fSf HONRO[ COUNTY TOURIST DrVrWPHfNT COUNCIL Come as you areC0 TUf [WRIDA KEYS & KEY WfSf MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL Come as you are@ TUf [LORIDA KEYS &KfYWfST MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL Come as you are@ MCTG.8084 Logo Slick L01 1996 Edition yfONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested thar the insurance requirements, as specified in the County's Schedule offnsurance Requirements, be waived or modified on the tallowing conrract. Contractor: See Event Attachment ::\'ame of Entity: ::\'ame of Event: Contract for: Services Address of Contractor: c/o TDC Art: Maxine Phone: 305-296- I 552 Scope of Work: Advertising and Promotion Reason for Waiver: county Policies Waiver wiU apply to: See Attached Signature of Contractor: Not Approved ~ Date: County Administrator A.ppeal: .-\pproved Xot Approved Date: Board of County Commissioners Appeal: Approved Nor .-\pproved .\ieeting Dare: Administration Instruction #4709.2