Item C07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: FEBRUARY 15,2006
Division:
TDC
Bulk Item: Yes ~ No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Island Opera Theatre of the Florida Keys, Inc. covering
the Island Opera Theatre Concert Series between October 1, 2005 and September 30, 2006 to revise
Exhibit A.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 19, 2005
CONTRACT/AGREEMENT CHANGES:
Amendment to revise Exhibit A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $15,885
BUDGETED: Yes ~ No
COST TO COUNTY: $15,885
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Y es ~ No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty --X- OMB/Purchasing~
Risk Management X_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Island Opera Theatre
Of the Florida Keys Inc.
Contract #_
Effective Date: l0/19/05
Expiration Date:
Contract Purpose/Description:
Approval of an Amendment to Agreement with Island Opera Theatre orthe Florida
Keys, Inc. covering the Island Opera Theatre Concert Series between October l, 2005
and September 30,2006 to revise Exhibit A.
Contract Manager: Maxine Pacini
(Name)
3523
(Ext. )
TDC # 3
(Department/Stop #)
for BOCC meeting on
2/15/06
Agenda Deadline: 1/31/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 15,885
Budgeted? YeslSJ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: S
115-75011-530340- T65C-478X-53041O
115-75011-530340- T65C-478X-530480
- - - -
~----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
f%7a6
Division Director / ',' .
f
RiSkManageme~
o,KtBJPurchaSing !llOloLv
Changes
Needed
YesO NoE]
S.Hutton
~__~_~, ,I
County Attorney
YesO No
YesD NO~>"/
~
Comments:
OMB Form Revised 2/27/01 Mep #2
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 Island Opera Theatre of the Florida Keys, Inc.
WHEREAS, there was a contract entered into on October 19, 2005, between the
parties, awarding $15,885 to the Island Opera Theatre Concert Series between October 1,
2005 and September 30,2006; 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, as 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:
Island Opera Theatre of the Florida Keys, Inc.
/
Y~(f I-~;j/~=,-
President
(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
FISCAL YEAR 2006
EVENT NAME: ISLAND OPERA THEATRE CONCERT SERIES
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.
Tentative Schedule of Events for Island Opera Theatre Concert Series 2005-6
EVENT LOCATION DATE
lOT Sings for Your Supper Key West October 15, 2005
New Year's Eve Gala Key West Dec. 31, 2005
Lovin' that Lerner & Loewe Marathon January 28, 2006
Lovin' that Lerner & Loewe Key Largo Feb. 03,2006
Lovin' that Lerner & Loewe Key West Feb. 05,2006
An Evening of Love Big Pine Feb. 10,2006
An Evening of Love Marathon Feb. 11,2006
An Evening of Love Key West Feb. 12,2006
The Most Happy FeIla Key West Mar. 17-19 ,2006
Lovin' that Lerner & Loewe Big Pine April 8, 2006
Lovin' that Lerner & Loewe Tavernier April 7, 2006
Lovin' that Lerner & Loewe Key West April 9, 2006
Lovin' that Lerner & Loewe Sugarloal June 25, 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 A
D:
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2006
EVENT NAME: ISLAND OPERA THEATRE CONCERT SERIES
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.
Tentative Schedule of Events for Island Opera Theatre Concert Series 2005-6
EVENT LOCA TION DATE
lOT Sings for Your Supper Key West October 15, 2005
New Year's Eve Gala Key West Dec. 31, 2005
Lovin' that Lerner & Loewe Marathon January 28, 2006
Lovin' that Lerner & Loewe Key Largo Feb. 03,2006
Lovin' that Lerner & Loewe Key West Feb. 05,2006
An Evening of Love Big Pine Feb. 10,2006
An Evening of Love Marathon Feb. 11,2006
An Evening of Love Key West Feb. 12,2006
The 1\'lost Happy Fella Key West l\tlar. 17-19,2006
Lovin' that Lerner & Loewe Big Pine April 8, 2006
Lovin' that Lerner & Loewe Tavernier April 7, 2006
Lovin' that Lerner & Loewe Key West April 9, 2006
Lovin' that Lerner & Loewe Sugarloaf June 25,2006
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
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 appropriate contracts.
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 ~CountY')
and Island Opera Theatre of the Florida Keys, Inc. (Hereinafter referred to as DEvent
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 $15,885 (Fifteen Thousand Eight Hundred
and Eighty Five Dollars) for promotion and related expenditures effective October 1, 2005, as
described in the event budget, attached hereto as Exhibit B, for production of the Island Opera
Theatre Concert Series between October 1, 2005 and September 3D, 2006. Payment wiJI 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
Sponsors 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 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 3D, 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 aU such
requests before the and of the fiscal year, if at aU 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
3D, 2006 all invoices and support documentation as required by the County's Finance
Department rufes and policies. Event Sponsor shaff not be reimbursed nor will Event
Sponsors vendors be paid directly for any invoices received by the County after September
30, 2006.
Island Opera Theatre
CuJturaJ Umbrella Funding FY 2006
3. Event Sponsor shaH 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), personal injury, and property damage (including property awned 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, avent 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 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/she/it 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 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 287.0171
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convided vendor list.
Island Opera Theatre
Cultural Umbrella Funding FY 2006
2
10. Logo: All promotional literature and advertising must display the "The Florida
Keys & Key West, Monroe County Tourist Development Council, Come as You Are",
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 will be considered unless this logo/trade 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 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 Sponsors insurance shalt 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 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 shaff 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)
Island Opera Theatre
Cultural Umbrella Funding FY 2006
3
If split limits are provided, the minimum limits acceptable shaH be:
11 $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 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 party has caused this Agreement to be executed by its
duIY'~U:l~~representative, the /D day of 4(/0 . , 2005.
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.:Att~~;>..>,qahny{.kolhage, Clerk
Board of County Commissioners
of Monroe County
".", , H:"'-'-,." -,.."'-_.
, .-:...-..:...--........_-' --.-......
~Q.&vY1cu:eJ
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Deputy Clerk
,lid; In ~
Mayor/Chairman IO-/9~os
(CORPORATE SEAL)
Island Opera Theatre of the Florida
Keys, Inc.
Attest:
By.
Secretary
By v~
PreSiffiifif"
EY;er ' iY~
OR
Witness
Island Opera Theatre
Cultural Umbrella Funding FY 2006
4
FLORIDA SHORT-FORM INDIVIDUAL ACKNOWLEDGMENT IF.&. 69'ioU)
State of Florida } The foregoing instrument was acknowledged before
County of /YJo'v ,.-o€.. me this /'1'USll sl- /c: ~ OC\:r
~'OaylYear
by ;( /4.fn'u),.JcI LJen AJ tuR/ler:;;.
Name of P..<so" AcknowlOOging
CK'f D. HERNANDEZ-BAUER
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who is personally known to me or who has produced
F10tLi d~..... .JJ.n Vets. L, C.i Y1 S e.
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as identification.
4J. ~1(JL~
Commission No.
OPTIONAL
Though the information in this section is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document,
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Description of Attached Document
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Signer(s) Other Than Named Above: SI ~Ut.1 e&"rk, /1114,-/0"-, \S4Zt<:r1~<- 4 "'--'.
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EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2006
EVENT NAME: ISLAND OPERA THEATRE CONCERT SERIES
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.
Tentative Schedule of Events for Island Opera Theatre Concert Series 2005-6
EVENT LOCATION DATE
lOT Sings for Your Supper Key West October, 2005
Lovin' that Lerner & Loewe Marathon November, 2005
Lovin' that Lerner & Loewe Key Largo November, 2005
Lovin' that Lerner & Loewe Key West November, 2005
New Year's Eve Gala Key West December, 2005
An Evening of Love Big Pine February, 2006
An Evening of Love Marathon February, 2006
An Evening of Love Key West February, 2006
The Marriage of Figaro Key West (4 performances) March, 2006
Lovin' that Lerner & Loewe Big Pine April, 2006
Lovin' that Lerner & Loewe Tavernier April, 2006
Lovin' that Lerner & Loewe Key West April, 2006
Lovin' that Lerner & Loewe Sugarloaf June, 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 Councif Cultural Umbf9lla Application
Page 5
c.
EXHIBIT B
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2006
EVENT NAME:
ISLAND OPERA THEATRE CONCERT SERIES
"'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 LINE
"SPONSORED IN PART BY THE FLORIDA KEYS AND Key WEST."
ALL BROADCAST ADVERTISING PLACED INSIDE MONRoe COUNTY MUST INCLUDe THE LINE
"SPONSORED IN PART BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL."
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 13
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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: \ S i &\JV""d
Name of Event: bt~
(j;JeIC~ 1t~0-~ r (' b -\- H"L{
0{1er-i0 (1,-:\.<..( e ( t5;~:j<e S
8 t1-
,< --, ; - '/ /)
t U , I aL"- J S { It;---C .
Contract for: Services
c/o TDC Att: Maxine
Address of Contrador:
Phone: 305.296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to promote event only.... Minimal exposure to
county
Policies Waiver will
apply to: See Attached
Signature of Contractor:
Not Approved
AP~
Risk :\tanagement: \ .
Date:
{ , ).5-0.5
County Administrator Appeal:
Approved
~ot Approved
Date:
Board of County Commissioners Appeal:
Approved
,,",ot Approved
:\Jeeting Date:
Administration Instruction
#4709.2