FY2021 11/17/2020 s Kevin Madok, CPA
, ..
�, .. Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: November 25, 2020
TO: Ammie Machan, Administrative Assistant
Tourist Development Council
FROM: Pamela G. Hanco442.
SUBJECT: November 17th 13OCC Meeting
Attached is an electronic copy of the following items for your handling:
H2 District I Turnkey Event Funding Agreements for Fiscal Year 2021, totaling
S295,000.00, as follows:
Organization Event Name Funds Allocated
Key West Tourist Development Association,Inc. Fantasy Fest $120,000.00
Bauer Restaurant,Inc. Key West Songwriters Festival $100,000.00
Race World Offshore,LLC RWO Offshore World Championship $75,000.00
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Turnkey Event Agreement
THIS Agreement is made and entered into by and between Monroe County, Florida, a
political subdivision of the State of Florida (County), and Key West Tourist Development
Association, Inc. (Event Contractor) on this 17th day of November , 2020.
WHEREAS, The District Advisory Committee (DAC) 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, which has as one of its main purposes
the attraction of tourists, by Event Contractors; and
WHEREAS, the DAC recommends allocation of funds for the Fantasy Fest in October
2021.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows-
1. Payment: A Turnkey event shall be considered an all-inclusive event where the
Event Contractor has financial responsibility for every facet of the production, promotion and
management of the event. Payment under an agreement for a Turnkey event will be made only
after completion of the event and proof that the scope of services as described below in
paragraph 2 has been completed. If a Turnkey event is delayed or canceled for any reason, no
payment shall be forthcoming, even if the Event Contractor has out-of-pocket expenses
leading up to the actual event. The Monroe County Tourist Development Council (TDC),
therefore, strongly recommends that the Event Contractor purchase insurance that covers the
cancellation or delay of an event due to "force majeure" or unforeseen circumstances (see
paragraph 9).
The County agrees to pay $120,000 (One Hundred Twenty Thousand Dollars — TDC
District I Funding Allocation) for: Fantasy Fest in October 2021, from tourist development tax
funds upon receipt of documentation from Event Contractor, on or before the expiration date of
agreement in paragraph 3, that they have met its obligations under this agreement. Said
documentation shall also include samples of the Event Contractor's marketing program as
outlined in their application. Documentation submitted by Event Contractor will be reviewed and
verified by the Tourist Development Council (TDC) Administrative Office, at which time, County
shall pay the sum noted above.
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
2. Scope of Services: The Event Contractor agrees to provide the County with an event as
specified in the Scope of Services below (Event):
a) A one day Street Fair with food, beverage, and arts and craft vendors on Duval Street
b) A evening Masquerade March through the streets of Key west, terminating at the Street
Fair on Duval St
Event Name: Fantasy Fest
Turnkey Funding: FY 2021
I D #: 2556
1
c) A Duval Street Promenade with food and beverage vendors
d) Fantasy Fest parade on Duval Street
e) Coordination and promotion of a minimum of thirty (30) activities sanctioned by Fantasy
Fest
f) Permission to link from the Fantasy Fest website to the TDC/District Homepage
g) Place District I logo on 20,000 (twenty thousand) guide books and 20,000 (twenty
thousand) schedules
h) Place official District I logo on the Fantasy Fest promotional posters
i) Provide permission for District I to use the Fantasy Fest logo for advertising one
Chamber of Commerce district event
3. Expiration of Agreement: This agreement expires on December 30, 2021 unless
the date of the event is amended upon approval of the Advisory Committee and TDC Director
and the County shall not be obligated to pay for any services provided by Event Contractor under
this agreement if documentation as noted above is not received by the TDC administrative office
on or before this reimbursement deadline date.
4. Modification: The event name, time & date of the event and Schedule of Activities
may be amended upon written approval of the Advisory Committee and TDC Director. Any
changes to said contract other than stated above require approval by the Advisory Committee,
TDC and the County.
5. Non Occurrence of Event: The Event Contractor shall give written notice to the
TDC if it is found necessary to cancel an event. The notice shall contain the reason for the
cancellation.
6. Indemnification and Hold Harmless: The Event Contractor covenants and agrees
to indemnify and hold harmless and defend Monroe County, its officers, employees and agents
including the TDC and Visit Florida Keys 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 by Event Contractor, or other activities
and funding associated with this agreement, except those losses or damages caused by the
negligent or wrongful act or omission of County or its agents.
7. Claims and Venue: Event Contractor agrees to notify County immediately of any
claims; suits or action made against the Event Contractor that is related to the activity under this
agreement, and will cooperate with County in the investigation arising as a result of any action,
suit or claim related to this agreement. Any legal proceedings arising out of this agreement shall
be in accordance with the laws of the State of Florida in the 16t" Judicial Circuit for Monroe
County; venue shall be in Monroe County, Florida.
8. Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Event Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
Event Name: Fantasy Fest
Turnkey Funding: FY 2021
I D #: 2556
2
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
9. Insurance Requirements: Event Contractor as a pre-requisite of the Special Event
governed by this agreement shall obtain, at its own expense, insurance as specified in this
section. If a Turnkey event is delayed or canceled for any reason, no payment shall be
forthcoming, even if the Event Contractor has out-of-pocket expenses leading up to the actual
event. The TDC, therefore, strongly recommends that the Event Contractor purchase insurance
that covers the cancellation or delay of an event due to "force majeure" or unforeseen
circumstances.
Event Contractor shall furnish the County with a certificate evidencing the
insurance required by this paragraph no later than twenty (20) days prior to the event.
Event Contractor must have their insurance agency email the certificates of insurance
directly to Maria Slavik in the Monroe County Risk Management Department. Slavik-
aria(a-)M onroe ounty-FL. ov — The email must state that this is a certificate for a TDC
event (state name of event as written within your contract) and should be forwarded to
Ammie Machan at the TDC administrative office. Your certificate must state that the
Monroe County Board of County Commissioners is a "Certificate Holder" and that
Monroe County, its employees and officials will be included as "additional insured". If
you or your insurance agency needs to speak with Maria Slavik regarding the insurance
requirements, she can be contacted by telephone at (305) 295-3178, or by email at the
address stated above.
It is the Event Contractor's responsibility to confirm that the insurance has been received
and approved. You can do this by contacting Ammie Machan at Ammie fla-keys.com or by
calling (305) 296-1552.
Event Contractor 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 Contractor 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 Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
Original 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 County prior to the Event.
Event Name: Fantasy Fest
Turnkey Funding: FY 2021
I D #: 2556
3
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 Contractor's insurance shall not be construed as
relieving Event Contractor from any liability or obligation assumed under this contract or imposed
by law.
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.
Prior to commencement of work governed by this contract, Event Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout 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)
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.
A Workers' Compensation insurance is required by Florida Statutes.
10. Permits: The Event Contractor will secure all required permits, licenses and shall
pay all appropriate business taxes.
Event Name: Fantasy Fest
Turnkey Funding: FY 2021
I D #: 2556
4
11. Laws and Regulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
12. Taxes: The County and TDC are exempt from Federal Excise and State of Florida
Sales Tax, but this in no way exempts the Event Contractor from applicable Federal and State
taxes.
13. Finance Charges: The County and TDC will not reimburse, pay or be responsible
for any finance charges.
14. Relation of County/TDC: It is the intent of the parties hereto that the Event
Contractor shall be legally considered as an independent contractor and that neither it nor its
employees shall, under any circumstances, be considered servants or agents of the County and
TDC, and the County and TDC shall at no time be legally responsible for any negligence on the
part of said Event Contractor, its employees or agents, resulting in either bodily or personal injury
or property damage to any individual, firm or corporation.
15. Disclosure: The Event Contractor shall be required to list any or all potential
conflicts of interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The
Event Contractor shall disclose to the County and TDC all actual or proposed conflicts of interest,
financial or otherwise, direct or indirect, involving any client's interest which may conflict with the
interest of the County and TDC.
16. Assignment: The Event Contractor shall not assign, transfer, convey, sublet or
otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or
its power to execute such agreement to any person, company or corporation without prior
consent of the TDC and County.
17. Compliance with Laws - Nondiscrimination: County and Event Contractor agree that
there will be no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party, effective
the date of the court order. County or Event Contractor agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Event Name: Fantasy Fest
Turnkey Funding: FY 2021
I D #: 2556
5
Civil Rights Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC
s. 12101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on
the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age; 11) any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
18. Security Protection: The Event Contractor agrees to provide adequate security
for the event.
19. Ethics Clause: The Event Contractor warrants that it has not employed, retained
or otherwise had act on 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 agreement without liability and may also, at its discretion, deduct from the
agreement 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. The
Event Contractors warrant that, in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or secure
this agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making
of this agreement. For the breach or violation of the provision, the Event Contractor agrees that
the County shall have the right to terminate this agreement without liability and, at its discretion,
to offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
20. Media Rights: The TDC shall have the right under this agreement to broadcast or
rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production, and
still photographs, paid by the TDC and County, and produced by the TDC agencies of record.
21. Logo: Marketing promotions that display our logo must use the "Key West—Close
to Perfect — Far from Normal" logo/trademark (as per attached logo sample — Exhibit A).
Electronic format (eps or jpg file) of the appropriate logo may be obtained by contacting Danielle
Salman or John Underwood with Tinsley Advertising at 305-856-6060.
22. Severability: If any provision of this agreement shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be
affected thereby; and each provision of this agreement shall be valid and enforceable to the
fullest extent permitted by law.
23. Authority: Each of the signatories for the Event Contractor below certifies and
warrants that: a) the Event Contractor's name in the agreement is the full name of the
person/entity or corporation as designated in its corporate charter, and b) they are empowered
to act and execute the agreement for the Event Contractor and c) this agreement has been
approved by the Event Contractor's governing board, as applicable to corporations.
Event Name: Fantasy Fest
Turnkey Funding: FY 2021
I D #: 2556
6
24. 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 category two for a period of 36 months from the date of being placed on the convicted vendor
list.
25. Governing Law/Venue: This agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative proceeding
is instituted for the enforcement or interpretation of the agreement, the County and Event
Contractor agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This agreement shall not be subject to arbitration.
26. Accounting and Records: Event Contractor shall maintain records pursuant to
generally accepted accounting principles for four (4) years after the event and shall permit
County and its agents and employees access to said records at reasonable times.
27. Notice: Any notice required or permitted under this agreement shall be in writing
and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following:
For Grantee: Nadene Grossman Orr
Key West Tourist Development Association, Inc.
922 Caroline St.
Key West, FL 33040
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Christine Limbert-Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
28. Attestations: Grantee agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
Event Name: Fantasy Fest
Turnkey Funding: FY 2021
I D #: 2556
7
29. Breach and Penalties: The parties agree to full performance of the covenants
contained in this agreement, and the County reserves the right at its discretion, provided such
breach is material, to terminate this agreement for any misfeasance, malfeasance or
nonperformance of the agreement terms or negligent performance of the agreement terms by
the Event Contractor.
30. Termination of Agreement: This agreement shall terminate on December 30, 2021.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued
at a level sufficient to allow for the continuation of this agreement pursuant to the terms herein. In
the event that funds cannot be continued at a level sufficient to allow the continuation of this
agreement pursuant to the terms specified herein, this agreement may then be terminated
immediately by the TDC administrative office providing written notice of termination delivered in
person or by mail to Event Contractor. The Grantor may terminate this agreement without cause
upon giving written notice of termination to Event Contractor. The Grantor shall not be obligated
to pay for any services or goods provided by Event Contractor after Event Contractor has
received written notice of termination.
County may terminate this agreement without cause by providing written notice to Event
Contractor, 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 Contractor, through its officer, agent
or representative, written notice at least seven (7) days prior to the effective date of the
termination. Notice is deemed received by Event Contractor 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.
31. Miscellaneous: As used herein, the terms "contract" and "agreement" shall be read
interchangeably.
32. Entire Agreement: The parties agree that the agreement above constitutes the
entire agreement between the County and Event Contractor.
Event Name: Fantasy Fest
Turnkey Funding: FY 2021
I D #: 2556
8
y ta,;-SS WHEREOF, the parties hereto have executed this agreement the day and year
4,, ritten.
A Board of County Commissioners
—` ¢ evin Madok, Clerk of Monroe C
As Deputy Clerk Mayor/Chairman
MONIWECONITY ATTORNEY
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CIMIATHELD flT.BAPROWE
As rAAii I]/LVE
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Key West
tTTourist Development Association, Inc. � AND TWO WITNESSES
By C I D� — (1) '_`---"
President Print Name:``
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Print Name Date: //�APA.Z10
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Event Name: Fantasy Fest
Turnkey Funding: FY 2021
ID#: 2556
9
EXHIBIT A
Color ads four (4) color processing printing
Black & white ads shall include the appropriate generic or district logo in high resolution
TV: logo must appear at the conclusion of commercial
Radio Advertising: No logo is required. All radio announcements must say "Brought to you by
the Monroe County Tourist Development Council."
Marketing promotions that display our logo must use the "Key West — Close to Perfect — Far
from Normal' logo/trademark. Electronic format (eps orjpg file) of the appropriate logo may be
obtained by contacting Danielle Salman or John Underwood with Tinsley Advertising at 305-
856-6060.
The Floridd Keys
Key'V�(.Ot
Close To Perfect - Fdr From Normal
Event Name: Fantasy Fest
Turnkey Funding: FY 2021
I D #: 2556
10
Insurance CheckList
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10 S1
IINSUP-ANCE CHECKLIST FOR RS SUBMMMGPOS A f S BLS
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Monroe County Tourist Development Council—Destination and Turnkey went Funding Application for FY 2021
1
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Monroe County Tourist Development Council—Destination and Turnkey Event Funding Application for FY 2021
42
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OUSnKESS-AI-70MOKLE LLABrL n-I,
As a minuntm,coveraze should extend to liability for
- ONsmed,]Non-o-wned: and Fined Vehicles
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S25-WO Kopert-,-Damage
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CLI C)"ber Liabiliby SENUO0
IVfVC Motor Trucl: Limits eqi.al to the mwurmn
Cart o Value of'iny one shipment,
PR t Profe r i ama I S _SIG'000 per Occ-m-rence S 500,000 A
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PROiabiht�, S 504)000peTOc-�-=ence'SI.O�)0,000 AYg
PR03 S1,000.000 per Occunencet$2.000,ODO Agg-
POLI Ponca on S 5NIGOO per Occurrence S(000,0N Agg,
POL2 Liability SI.000,,000 per Occin.Terice,$2,000,000 Agg,
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ED2 Drshonest-,,, 5100'WO
GKI GO-rage S 300(WO (S 25,000 per Vehicle)
GK2 Keepers S 500,000(S10,0,000 per Vehicle)
GK3 SI,OWOGO (° 50,000 perVehicle)
Monroe County Tourist Development Council—Destination and Turnkey Event Funding Application for FY 2021
43
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BLL Bailee Liab, Mammran VAue of Comfy PmPeTty'la'!
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IBUI Hangm keepers S 300,000
LiAlity S 500.000
M�13 S 1,G00,000
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AIR2 LtabiUtv S 5,000,000
JAM-3 S50,000,000
AEOI -Alchatects, Errors 5 '50-,(,KjO per OcciaTenre$ 500,N43 egg_
AE02 Omis io-s S "10,000 per Occwwncei$1,000,000 Mpg
'7 AE03 S I,OOUOO Per O'CeluTence$',000,000 Agg,
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E03 S LOW000 per(-'km,uTeureSIG00.000 AM
EO-4 S 5�000,000 per Occurr�emwe S!0,000.000 A-i&
IXU Water Craft S 5011. 00 per Occrarence
Liabilit7-; 1,000,000 per Occurrmce
Monroe County Tourist Development Council-Destination and Turnkey Event Funding Application for FY 2021
44
1INSURANCT AGENT'S STATEMENT
I have i-evic`.sxed dhe above requiremm-It's vvith the bidder named The ibilowlrig deducuble.,,",
apply io the corresporlding, policy,
Policy Dedtictibles
CPS3259203
T—i"ibilit-,,- molicics are _]�X] OCCW-renc,� F-1,C]cm-ns Made
Diamond Insurance Partners
insurance Agency Cigna{ure 7
BfDDERS STATEMENT
f L11,101erstand thC 111SUrance that will be man Cry ifa,�Nyarded t e c1',,,,n,H'act arid will red t fe c,,,,,,Y,,ct
comply g fit]! with all th,,.-, remure gent s.
Company Nai-rie-
... .......... .............
Monroe County Tourist Development Council—Destination and Turnkey Event Funding Application for FY 2021
45