Okaloosa County BOCC — April 19, 2016 — LOCASH Contract — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 19, 2016 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: LOCASH Contract DEPARTMENT: Tourist Development Department BCC DISTRICT: 2,4,5 STATEMENT OF ISSUE: Request approval of the LOCASH concert contract and authorize: 1) Purchasing Manager to sign the contract and all associated procurement documents, 2) procurement methods other than contract payment form to LoCash Cowboys Touring Inc. for contract rider provisions, 3) $7,500 deposit to Creative Artists Agency LLC, and 4) $7,500 balance due to LoCash Cowboys Touring Inc on May 12, 2016. BACKGROUND: Country music group LOCASH has been secured as a support act for the Chris Janson concert at the Emerald Coast Convention Center on Thursday, May 12, 2016. The contract negotiated by staff and the agency provides for a $15K artist fee plus lodging, ground transportation, and catering. Production, security, and advertising services will be procured jointly with Chris Janson contract terms, as the two groups will be performing the same night. BCC approval is requested for unique circumstances required for successful implementation of contract requirements.  The $15K Guaranteed Fee value of the contract is within the Purchasing Manager’s approval authority. The cost of contract rider provisions (e.g. lodging, ground transportation, and catering) has not been finalized, but will likely not cause the total contract value to exceed the Purchasing Manager’s $25K approval authority.  Contract rider provisions will be procured in accordance with County policy, F.S. 125.0104(9), and TDD Manual Section F.300. Specifically, hotel room accommodations and ground transportation will be provided complimentary by industry partners or procured via credit card; catering including food, drinks, and alcohol will be provided by Aramark and invoiced at county contract prices. Per County policy, all expenses related to a contract are to be paid via contract payment form to the vendor with whom the contract is executed. For this reason, Board authorization for procurement methods other than contract payment form to LoCash Cowboys Touring Inc for contract rider provisions is requested.  The contract requires a 50% deposit payable to Creative Artists Agency LLC on or before April 12, 2016. The agency understands the contract will be presented to the Board on April 19 and payment will be issued as soon as possible thereafter. Per County policy, Board approval for advance payment may be requested if the payment results in savings equal to or greater than the amount earned by investing the funds and paying later or if the payment is essential to the operations of the agency and the goods or services are available only if advance payment is made. In this particular case, the services are available only if advance payment is made. Furthermore, payment will be issued to a vendor (Creative Artists Agency LLC) other than the vendor with whom the contract is executed (LoCash Cowboys Touring Inc). Payment will be made directly from the contract (the vendor is unable to grant the County’s request for  an invoice) and without a contract payment form since a contract file will not have been set up in time. For these reasons, Board authorization to issue a $7,500 deposit to Creative Artists Agency LLC on or before April 22, 2016 is requested.  The contract requires 50% balance due payable to LoCash Cowboys Touring Inc prior to the performance. Per County policy, Board approval for advance payment may be requested if the payment results in savings equal to or greater than the amount earned by investing the funds and paying later or if the payment is essential to the operations of the agency and the goods or services are available only if advance payment is made. In this particular case, the services are available only if advance payment is made. A contract payment form will be submitted for this payment as the payment is made in accordance with contract terms and subsequent to a contract file being set up. Payment will be made directly from the contract (the vendor is unable to grant the County’s request for an invoice). For these reasons, Board authorization to issue $7,500 balance due to LoCash Cowboys Touring Inc for delivery on May 12, 2016 is requested. OPTIONS: Approve or Deny RECOMMENDATION: Approve the LOCASH concert contract and authorize: 1) Purchasing Manager to sign the contract and all associated procurement documents. 2) Procurement methods other than contract payment form to LoCash Cowboys Touring Inc for contract rider provisions. 3) Issue $7,500 deposit to Creative Artists Agency LLC on or before April 22, 2016 directly from the contract (no invoice to be provided). 4) Issue $7,500 balance due to LoCash Cowboys Touring Inc on or before May 12, 2016 directly from the contract (no invoice to be provided). Payment to be available for delivery to the artist immediately prior to the performance. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator