Item D21
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 17,2007
Division:
TDC
Bulk Item: Yes X No
Department:
Staff Contact PersonlPhone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with The Marathon Community Theatre, Inc. to revise their
schedule of events outlined in Exhibit A.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of October 18, 2006
CONTRACT/AGREEMENT CHANGES:
Amendment to revise Exhibit A
STAFF RECOMMENDATIONS:
Approval
TOT AL COST:
$20,000
BUDGETED: Yes ~ No
COST TO COUNTY:
$20,000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes ~ No AMOUNT PER MONTH Year
APPROVED BY: County Arty ~ OMB/pur~aSing ~ Risk Management
X
Not Required_
DOCUMENT A TION:
Included X
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
The Marathon Community
Theatre, Inc.
Contract #_
Effective Date:
Expiration Date:
10/1 /06
12/31/07
Contract Purpose/Description:
Approval of an Amendment to Agreement with The Marathon Community Theatre, Inc.
to revise their schedule of events outlined in Exhibit A.
Contract Manager: Maxine Pacini
(Name)
3523
(Ext. )
TDC # 3
(Department/Stop #)
for BOCC meeting on
10/17/07
Agenda Deadline: 10/2/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,000
Budgeted? Yes~ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 1,500
115-75011-530340-T75C-040-Y-530410 /
115-75011-530340- T75C-040- Y-530480
-
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
>>)i!el~ Needed ~R' wet'
Division Director [/)iIl/V YesDNo~ ~
Risk Man~ment:\ !f:fu2 J YesO NoW fYi I.
O~.B.lPurci&;';;;: ~h YesO NoEf-'F, ~
County Attorney ~ YesO No0- S.Grimsley
Date Out
Comments:
OMB Form Revised 2/27/01 MCP #2
SEP-18-2007 11:43A FROM:MARATHON COMMUNITY T 3057432408
TO: 2960788
P.l
AMENDp.liENT (1 It AMENDMENl1 TO AGREEMENT
THIS AMENDMENT to agreement dated the day of . 2007 is entered into
by and between the Board of County Commissioners for Monroe County, on behalf of the
Tourist Development Council, and. The Marathon Community Theatre, Inc.
WHEREAS. there was a contract entered into on October 18, 2006. between the
parties, awarding $20,000 for the production of the Marathon Community Theatre Season
2006":2007; and
WHEREAS, it has become necessary to revise the schedule of shows that are outlined
in Exhibit k. and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1. exhibit A shall be revised and attached hereto.
2. The remaining provisions of the contract dated October 16. 2006. remain In fun force and
effect
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above written.
(SEAL)
Attest: Denny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Mayor/Chairman
Deputy Clerk
.Secretary
Presl
p~Eb j(J 0 Mt;(.1Ll C ~
PrInt Name
.
(CORPORATE SEAL)
Attest:
By.
By
Print Name
Date:
Date: CJ-II-() 7
OR lWO WITNESSES
(2)
(2)
Print Name
(1 )
(1 )
Print Name
MONROE COUNTY ATTORNEY
APPROVED AS T .FORM:
c\ .
Amendment #1
Marathon Conununity Theatre
"'1
REVISED EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2007
EVENT NAME: Marathon Community Theatre 2006-2007 Season-Revised
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.
October 2006
Interactive Dinner Theatre (specific date in Oct. TBD)
November - December 2006
You Can't Take It With You, a comedy
January - February 2007
Goodbye, Char/ie, A Farce
January - February 2007
Bougainvillea House Gallery Art Show
February - March 2007
The Florida Keys Watercolor Society annual judged art show
March 2007
Gigi, A Musical
May 2007
Clouds Over the Sunshine Inn, a mini-musical
June 2007
Local high school performance - TBA
July - August 2007
Vanities
September 2007
Auditions
September 2007
Pre-promotion for next season
Pre-promotion: July-September 2007: The next season brochure will be designed, printed,
mailed and distributed by the end of September 2007. Other pre-promotion includes
photography slides. MCT's next season begins October 2007 and runs through August 2008.
Note: Additional programming may be added/deleted and dates above may change or more
dates added during the season. Current dates may have to be changed according to the
hurricane season.
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED
TO THE OFFICE OF THE CLERK OF THE COURT.
Page 1 of 1
Pacini-Maxine
From: Florida Keys Council of the Arts [DavidWharton@keysarts.com]
Sent: Monday, September 10, 2007 11: 15 AM
To: Maxine Pacini
Subject: TDC ammendment
Attachments: Letter to request amendment for Vanities.doc; Exhibit A 2007 revised.doc
To: Maxine Pacini, Monroe County Tourist Development Council
From: David Wharton, Cultural Umbrella Administrator
Re: Marathon Community Theatre - Requested Change to Contract
The attached request by Marathon Community Theatre to make a program substitution from "Clouds
Over the Sunshine Inn" to the production "Vanities" in the 2006/07 program season is accepted by the
Cultural Umbrella.
Please process an amendment to incorporate this information into Marathon Community Theatre's
contract.
Sincerely,
David Wharton
Executive Director
FKCA
9/10/2007
Marathon Community Theatre
5101 Overseas Highway
Marathon, Florida 33050
305-743-0408 * 305-743-2408 fax
qm(Q2marathontheater.orq * www.marathontheater.orq
September 6, 2007
Mr. David Wharton
1100 Simonton Street
Key West, Florida 33040
Dear Mr. Wharton,
Regarding our current Cultural Umbrella funds, Schedule of Events, Exhibit A, we have
had to make a change due to the death of the director of the scheduled show. Exhibit A
shows in July - August 2007 a reprise of "Clouds Over the Sunshine Inn." We
substituted that show with a production called "Vanities."
I am extremely regretful that I have not contacted you previously; however, the health of
Mr. Cullen and his capability to produce the scheduled production was uncertain for a
time.
The dates or number of performances did not change. We had to find someone to step
up and direct a show that required less time and commitment to produce.
Please contact me if you need anything further to make this amendment. I can be
reached at 305-743-0408 or via email at: qm(Q2marathontheater.orq.
Thank you for your consideration in our unfortunate loss of Mr. Cullen.
Sincerely,
Loretta S. Geotis
General Business Manager
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Board of County
Commissioners of Monroe County, Florida, a political subdivision of the state of Florida, ("County")
and The Marathon Community Theatre, Inc., a Florida corporation ("Event Sponsor").
WHEREAS, the umbrella organization under contract to the County has recommended to
the Monroe County Tourist Development Council ("TDC"), which has endorsed the
recommendation, that certain monies be allocated for promotion of an event by Event Sponsor;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Amount: County shall pay a sum not to exceed $20,000 (Twenty Thousand Dollars)
for promotion and related expenditures, as described in the event budget, effective October 1,
2006, attached hereto as Exhibit B, for production of the Marathon Community Theatre Season
2006-2007 between October 1,2006 and September 30,2007. 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 using 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. Duties of Event Sponsor: 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.
3. Invoicinq: The contracted agencies of record shall receive payment of work in
progress upon submission of documented invoices associated with the event. Event sponsor fully
understands that funding is obtained from tourist development taxes for which the fiscal year ends
September 30, 2007. 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, 2007, 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, 2007, except
The Marathon Community Theatre
Cultural Umbrella Funding FY 2007
that for events with promotional expenditures incurred between July 1 and September 30, 2007,
invoices must be submitted within ninety (90) days of the conclusion of the event.
4. Reimbursement to County: 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.
5. Indemnification: 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 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.
6. Records: 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.
7. Termination: County may terminate this agreement without cause by providing
written notice to Event Sponsor, through its officer, agent, or representative, no less than sixty (60)
days prior to the event and may terminate for breach upon providing to Event Sponsor, through its
officer, agent or representative, notice at least seven (7) days prior to the effective date of the
termination. Notice is deemed received by Event Sponsor when hand delivered, delivered by
national courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of
refusal or non-acceptance of delivery.
8. Conflicts: 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.
9. Non-Collusion: By signing below, Event Sponsor warrants that he/she/it has not
employed, retained or otherwise had act on his/her/its behalf any former County officer or
employee in violation of Section 2 of 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.
10. Public Entities Crimes: 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
The Marathon Community Theatre
Cultural Umbrella Funding FY 2007
2
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
11. LOQO Requirement: All promotional literature and advertising must display the
"The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You
Are", logoltrade mark adopted by the TDC and County on November, 2000, (as per attached).
Radio Advertising shall quote, "Brought to you by the Monroe County Tourist Development
Council". No reimbursement or direct payment will be considered unless this logo/trade mark
or slogan is utilized.
12. 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 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 shall 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:
The Marathon Community Theatre
Cultural Umbrella Funding FY 2007
*
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 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 par:ty has causedJhi~ Agreement to be executed by its
duly authorized representative, the I~\A. day of U~ .2006.
(SEAL)
Attest: Danny L. Kolhage, Clerk
~~
De ty Clerk
Board of County Commissioners
of Monroe co!,??
{jl!
MaYOr/ChJirman
(CORPORATE SEAL)
The Marathon Community Theatre,
Inc.
By.
Secretary
Attest:
Print Name
--r
~, -;2f-v
Print Name
OR TWO WITNESSES
(1 )
(2)
Print Name
Print Name
MONROE COUNTY /l,TTORNEY
AP ROV - AS TO FORM:
The Marathon Community Theatre
Cultural Umbrella Funding FY 2007
4
.....
D.
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2007
EVENT NAME: Marathon Community Theatre 2006-2007 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.
October 2006
November - December 2006
(
January - February 2007
January - February 2007
February - March 2007
March 2007
May 2007
June 2007
July - August 2007
September 2007
September 2007
Interactive Dinner Theatre (specific date in Oct. TBD)
You Can't Take It WIfh You, a comedy
Goodbye, Charlie, A Farce
Bougainvillea House Gallery Art Show
The Florida Keys Watercolor Society annual judged art show
Gigi, A Musical
Clouds Over the Sunshine Inn, a mini-musical
Local high school perfonnance - TBA
Reprise of Clouds Over the Sunshine Inn
Auditions
Pre-promotion for next season
Pre-promotion: July-September 2007: The next season brochure will be designed, printed,
mailed and distributed by the end of September 2007. Other pre-promotion includes
photography slides. MCT's next season begins October 2007 and run through August 2008.
Note: Additional programming may be added/deleted and dates above may change or more
dates added during the season. Current dates may have to be changed according to
hurricane season.
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
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2007
EVENT NAME:
MARATHON COMMUNITY THEATRE 2006107 SEASON
MEDIA ADVERTISING
$
$
$
17,900
BROCHURES, POSTERS, PROGRAMS
1,100
DIRECT MAIL & POSTAGE
1,000
TOTAL:
$
20,000
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE LINE ITEMS
NOTED ABOVE
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 B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
EXHIBIT B
T~[ [lORIDA K[YS & K[Y W[ST
MOHRO[ COUNTYTOURIST OmLOPM[NT COUNCil
Come as you are~
T~[ [lOR IDA K[YS &K[YW[ST
MONRO[ COUNTYTOURIST OmLOPM[Hl COUNCil
Come as you are~
T~[ [lORIDAK[YS&K[YW[ST
MOHRO[ COUNTYTOURIST OffiLOPM[HT COUNCil
Come as you are0
T~[ [lOR IDA K[YS & KH W[ST
MOHRO[ COUNTYTOURIST O[V[lOPM[NTCOUNCIl
Come as you are0
T~[ [lORIDA K[YS & K H W[ST
MONRO[ COUHTYTOURIST OmLOPM[HT COUNCil
Come as you are@
T~[ [lORIDA KHS & KHW[ST
MONRO[ COUNTYTOURIST O[VUOPM[HT COUNCil
Come as you are"'
THf [lORIOA KfYS & KfY WfST THf [lORIOA KfYS & KH WfST THf [lORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST OrlHOPM[NT COUNCIl MONRO[ COUNTY TOURIST OrlHOPM[NT COUNCIl MONRO[ COUNTY TOURIST OrlHOPM[NT COUNCIl
Come as you are@ Come as you are@ Come as you are@
THf [lORIOA KfYS & KfY WfST THf [lOR IDA KfYS & KfY WfST THf [lORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST OrlHOPM[NT COUNOl MONRO[ COUNTY TOURIST OrlHOPM[NT COUNCIl MONRO[ (OUNTY TOURIST O[VHOPM[NT COUNCIl
Come as you are@ Come as you are@ Come as you are@
TH[ [lORIDA K[YS & K[Y WJST TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST
MONROE COUNTY TOURIST DfVROPHENT COUNCIl MONROE COUNTY TOURIST DfVELOPMENT COUNCIl MONROE COUNTY TOURIST DfVELOPMENT COUNCIl
Come as you are@ Come as you are@ Come as you are@
TU[ [LDRIDA Km & K[Y wm TU[ [LDRIDA Km &K[Y wm TU[ [LDRIDA Km & K[Y wm
MONROE COUNTY TOURIST DfVROPHENT COUNCIl MONROE COUNTY TOURIST DEVELOPMENT COUNCIl MONROE COUNTY TOURIST DEVROPMENT COUNCIl
Come as you are@ Come as you are@ Come as you are@
fUr flORIDA KfYS & KfY wrST
MONROf COUNTY TOURIST DfVHOPMfNT COUNCIL
Come as you are@
fUr flORIDA KfYS & KfY wrST
MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL
Come as you are@
fUr flORIDA KfYS & KfY wrST
MONROf COUNTY TOURIST DfVHOPMfNT COUNCIL
Come as you are@
fUr flORIDA KfYS & KfY wrST
MONROf COUNTY TOURIST DfVHOPMfNT COUNCIL
Come as you are@
MCTG-3125 New Logo Slick L01
1996 Editio8
~IONROE 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
~ameo(Entity: me Marcctho (\ ComrnUJ1 1't:J Th&.Lire I (he.
~ameo(Event: ~Wa...~n COmmlAJ1I"~ Theo..:tre.. Sea.son 2fx)lJ,-2a.
Contract for: Services
Address of Contractor:
c/o TDC Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to promote event only.... Minimal exvosure to
county
Policies Waiver will
apply to: See Attached
Signature of Contractor:
Approved Not Approved
. "'(\ ({) ()
Risk Management: -.J ~.~-!u~~
Date: l~' ~. / 'S - (-~' ~,
County Administrator Appeal:
Approved
~ot Approved
Date:
Board of County Commissioners Appeal:
Approved
:'-tot Approved
\feeting Date:
Administration Instruction
#4709.2