Item E9
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 20, 2001
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Barley's Bay Festival, Inc. to
revise date of event from July 26-27, 2002 to May 10- 11, 2002, in an amount
not to exceed $25,000, FY 2002, Two Penny Cultural Umbrella Funding.
ITEM BACKGROUND:
TDC approved original Agreement at their meeting of July 25, 2001.
PREVIOUS REVELANT BOCC ACTION:
BaCC approved original Agreement at their meeting of November 21, 2001.
BaCC approved FY 2002 Budget at their meeting of September 19, 2001.
CONTRACT/AGREEMENT CHANGES:
Amendment
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $25,000 BUDGETED: YES
COST TO COUNTY: $25,000rrOURIST PAY
REVENUE PRODUCING: Yes-X- No AMOUNTPERMONTH_ Year _X_
APPROVED BY: County Ally ~ OMBlPurchasi~ ~ ~ . /J~isk Managem}'~t X
DIVISION DIRECTOR APPROVAL: {~%~
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
AGENDA ITEM # ~ -C=-,7
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Barley's Bay
Festival, Inc.
Contract #
Effective Date:
Expiration Date:
12/20101
Contract Purpose/Description:
Approval of an Amendment to Agreement with Barley's Bay Festival,
Inc. to revise date of event from July 26-27,2002 to May 10-11,
2002, in an amount not to exceed $25,000, FY 2002, Two Penny
Cultural Umbrella Funding.
Contract Manager: Maxine Pacini
(Name)
3523
(Ext.)
TDC # 3
(Department/Stop #)
for BOCC meeting on
12/20/01
Agenda Deadline: 12/5101
CONTRACT COSTS
Total Dollar Value of Contract: $ 25,000
Budgeted? Yes[gl No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75011-530340-T25C-270X-53041O
115-75011-530340-T25C-270X-530480
- - -
----
- -
---
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
NeededrT1.....,,/ ~yi~~r //
YesDNo~ ~<yt(~
Risk Management I ZIt ttJ 6 ( YesD No0 G l, C<'-'CLi-/t-<'*. _ R(....~. t :',:c",-
" V .... .~
O.M.B.lPurchasing 11--\,-I \ 01 YesD Nog/' ~
County Attorney I G I i61 YesD NoG}-" " S.Hutton
Date Out
Date In
/~Vo I
Division Director
1- ] c(
Comments:
OMB Form Revised 2/27/01 Mep #2
Maxine Pacini
From:
Sent:
To:
Subject:
Rita Irwin [drc-sp@dolphins.org]
Monday, December 03,2001 8:18 AM
'Maxine Pacini'
Barley Bay Date Change
The Barley Bay Festival has requested an event date change to May 10-11th
2002. Please amend their contract to reflect this change.
Thanks
Rita Irwin
Administrator
TDC
Cultural Umbrella
1
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this
day of 2001, between the County of Monroe and Barley's Bay Festival, Inc.
WHEREAS, there was a contract entered into on November 21,2001, between
the parties, awarding $25,000 to Barley's Bay Festival, Inc. for the production of the
Barley's Bay Festival; and
WHEREAS, it has become necessary to revise dates of event;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Paragraph 1 of the Agreement shall read "The BOCC agrees to pay up to
($25,000.00) Twenty Five Thousand Dollars for the production of the Barley's Bay
Festival on May 10-11,2002."
2. The remaining provisions of the contract dated November 21, 2002,
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:
Barley's Bay Festival Inc.
By
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
,',PPROVEQ
A.,i\~ID,,_ '6.L ~s,ro" FORM,
,3', ,-',~:iUFFIC' ~.&
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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 Barley's Bay Festival, 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;
THEREFORE; in consideration of the mutual promises contained herein, the parties
agree as follows:
1. County shall pay a sum not to exceed $25,000 (Twenty Five Thousand Dollars)
for promotion and related expenditures, as described in the event budget, attached hereto as
Exhibit A, for production of the Barley's Bay Festival on July 26-27, 2002. 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 B, 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, 2002. 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, 2002, 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, 2002, except that for events with promotional expenditures incurred between July 1 and
Barleys Bay Festival
Cultural Umbrella Funding FY 2002
1
September 30, 2002, invoices must be submitted within ninety (90) days of the conclusion of
the event.
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), 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 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/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 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 287.017,
Barleys Bay Festival
Cultural Umbrella Funding FY 2002
2
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
10. Loqo: 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 TDC and County on November, 2000 (as per attached). No
reimbursement or direct payment will be considered unless this logo/trade mark is utilized.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative, the day of , 2001.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Barley's Bay Festival, Inc.
Attest:
By.
Secretary
By
President
OR
Witness
Barleys Bay Festival
Cultural Umbrella Funding FY 2002
3
EXHIBIT A
TOmuSTDEVELOPMffiNTCOUNC~
CUL TURAL UMBRELLA
APPROVED
BUDGET BREAKDOWN
FISCAL YEAR 2001/2002
EVENT NAME:
BARLEY'S BA Y FESTIVAL
DIRECT MAIL & POSTAGE
$ 500
BROCHURES, POSTERS, PROGRAMS
$ 3,500
PHOTO PROGRAM
MEDIA ADVERTISING
$ 14,000
T-SHIRTS, CAPS, JACKETS
$ 5,000
*GENERAL-NON-ALLOCATED
$ 2,000
TOTAL:
$ 25,000
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT A WARDED
BY THE MONROE COUNTY TOmuST DEVELOPMffiNT COUNCIL FOR THIS SPECIFIC EVENT.
EXHIBIT B
BARLEY'S SAY FESTIVAL
SCHEDULE
Friday, July 26, 2002
Reef Clean-Up
8:00 a.m. - 12:00 p.m.
Saturday, July 27, 2002 Concert
3:00 p.m. - 9:00 p.m.
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