Item D07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MARCH 16, 2000
Bulk Item: Yes XXX No
Division: TDC
Department:
N/A
AGENDA ITEM WORDING:
Approval of a TurnKey Funding Agreement with Key West Tourist
Development Association covering Fantasy Fest on October 20-29, 2000 in
an amount not to exceed $100,000.00, DAC I, FY 2000, Third Penny and
$5,000.00, DAC II, FY 2000, Third Penny.
ITEM BACKGROUND:
TDC approved same at their meeting of September 22, 1999.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved FY 2000 budget at their meeting of September 22, 1999.
STAFF RECOMMENDATION:
Approval requested.
TOTAL COST: $105,000.00
BUDGETED: YES X
COST TO COUNTY: $105,000.00/TOURIST PAY
APPROVED BY: County Attorney L OMB/PurchasingL Risk Management X
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DIVISION APPROVAL: ~
Lynda M. Stuart
(Type/print name)
To Follow: Not Required
Agenda Item #d'01
DOCUMENTATION: Included: X
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Key West Tourist Development Association Effective Date: 3/16/2000
Contract Purpose/Oescription: Approval of a TurnKey Funding Agreement with Key West Tourist
Development Association covering Fantasy Fest on October 20-29, 2000 in an amount not to exceed
$100,000.00, DAC I, Third Penny and $5,000.00, DAC II, Third Penny.
Contract Manager: Maxine Pacini X3523 Tourist Development Council
(Name) (Ext) (Oepartment)
For BOCC meeting on 3/16/2000 Agenda Oeadline:3/1/2000
Contract Costs
Total Oollar Values of Contract: $105,000.00 Current Year Portion: $
Budgeted? Yes _~ No Account Codes: 117-77030-530340-T07S-118 X
Grant: $ 118-78030-530340- T08S-148 X
County Match: $
Estimated Ongoing Costs: $
(not included in dollar value above)
AOOITIONAL COSTS
/yr. For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DA TE IN CHANGES REVIEWER DA TE OUT
NEEDED?
Yes No
Oivision Oirector cl. ~ot) V ~<2t~~ A ~ ~~c-
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Risk Management 2- /zti / t, (; / u ' . 0 (t--", L / Z'O( /C0
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Coul)ty Attorney [L/f>/OD S. Hutton J- / L5-fJT/
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(Final reviewer should return contract to originator)
Comments:
Turn Key Events Agreement
THIS AGREEMENT is entered into this day of , 2000, by and
between BOARO OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(BOCC) and Key West Tourist Oevelopment Association.
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as f.ollows:
1. The BOCC agrees to pay ($105,000.00) One Hundred and Five Thousand
dollars for Fantasy Fest covering October 20 - October 29, 2000 from tourist
development tax funds provided Event sponsor meets all of its obligations under this
agreement.
2. Scope of Services: Key West Tourist Oevelopment Association agrees to
provide Monroe County with an event that includes the following Scope of Services:
a). A one day Street Fair with food, beverage, and arts and crafts vendors.
b). An evening Masquerade March through the streets, originating at the City
Cemetery and terminating at the Street Fair.
c). A Duval Street Promenade of food and beverage vendors held on the
same day and evening as the Fantasy Fest Parade through Old Town.
d). Provide live Internet coverage of the Fantasy Fest Parade and provide
national media for several of the festival's events.
e). Coordinate and promote a minimum of thirty (30) events sanctioned by
Fantasy Fest.
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed
and verified by the Tourist Oevelopment Council (TOC) Administrative Office, proving
that event has been produced and promoted through marketing literature, advertising
program/publication ads, television coverage, publicity and on-site advertising, and that
the required insurance was obtained no less than twenty days prior to the event, BOCC
shall pay $105,000.00.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accounting: Financial records of Key West Tourist Oevelopment
Association pertaining to this project shall be kept on generally recognized accounting
principles and shall be available to the BOCC or to an authorized representative for
audit. Records shall be retained a minimum of three years after contract has been
performed.
5~ . Modification: Any changes to this contract may be made only by written
mutual agreement, recommended by the TOC and approved by the BOCC.
6. Breach and Penalties: The parties agree to full performance of the
covenants contained in this agreement, and the BOCC reseNes the right at its
discretion, provided such breach is material, to terminate the seNices in this agreement
for any misfeasance, malfeasance, or nonperformance of the agreement terms or
negligent performance of the agreement terms by Key West Tourist Oevelopment
Association
7. Termination: In order for event sponsor to be re-imbursed for expenditures,
the invoices must be submitted no later than Thursday, December 28, 2000.
8. Non Occurrence of Event: The Key West Tourist Development
Association shall give written notice to the Monroe County Tourist Development Council
if it is found necessary to cancel an event. The notice shall contain the following
specifics: 1) reason for cancellation, 2) documentation of the reason for cancellation
and 3) person authorized to cancel including title and stated affiliation.
9. Indemnification and Hold Harmless: Key West Tourist Oevelopment
Association 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 event sponsored by Key West Tourist
Oevelopment Association
10. Insurance Requirements: Key West Tourist Oevelopment Association, as
a pre-requisite of the Special Event governed by this agreement, shall obtain, at its own
expense, insurance as specified in this section:
Key West Tourist Oevelopment Association will not be permitted to commence
work associated with the Event (including pre-staging of personnel and materiel) until
satisfactory evidence of the required insurance has been furnished to the county as
specified below. Key West Tourist Oevelopment Association shall maintain the required _
insurance through out the entire duration of the Special Event and any extensions
specified in any attached schedules. Failure to comply with this provision shall release
County of any obligation to compensate event sponsor. Further, any material
misstatement in the application for insurance coverage shall release County from it's
obligations to pay under this agreement. Key West Tourist Development Association
shall provide, to the County, as satisfactory evidence of the required insurance,
including the insurance policy application and either:
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*
Original Certificate of Insurance
or
* Certified copy of the actual insurance policy
An original certificate or a certified copy of any or all insurance policies required
by this contract shall be filed with the Clerk of the SOCC prior to the Event. The
Insurance policy must state that the Monroe County SOCC is the Certificate
Holder and additional Insured. Insurance should be mailed to:
Monroe County Soard of County Commissioners'
C/O Risk Management
5100 College Road
Room 203
Stock Island
Key West, FL 33040
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 Key West Tourist Oevelopment Association's
insurance shall not be construed as relieving Key West Tourist Oevelopment
Association 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, except for Worker's
compensation.
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.
Key West Tourist Oevelopment Association 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, Key West Tourist
Development Association 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
"'l
.)
* . Expanded Oefinition of Property Oamage
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 Pfoperty Oamage
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 that the contractor's General Liability policy.
11. Permits: The Key West Tourist Oevelopment Association will secure all
required permits, licenses including but not limited to occupational licenses.
12. Laws and Regulations: Any and all services, materials and equipment
shall comply fully with all Local, State and Federal laws and regulations, and Key West
Tourist Oevelopment Association agrees that the venue for any dispute concerning this
agreement shall be in Monroe County, Florida.
13. Taxes: The BOCC and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
14. Finance Charges: The BOCC and TDC will not be responsible for any
finance charges.
15. Relation of BOCC/TOC: It is the intent of the parties hereto that the Key
West Tourist Oevelopment Association 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 BOCC and TDC, and the BOCC and TDC shall at
no time be legally responsible for any negligence on the part of said Event Sponsor, its
employees or agents, resulting in either bodily or personal injury or property damage to
any individual, firm, or corporation.
16. Disclosure: The Key West Tourist Oevelopment Association shall be
required to list any or all potential conflicts or interest, as defined by Florida Statute 112
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and Monroe County Code. The Key West Tourist Oevelopment Association shall
disclose to the BOCC and TOC 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 BOCC and TOC.
17. Assignment: The Key West Tourist Oevelopment Association 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 roc and BOCC.
18. Compliance with laws - Nondiscrimination: The Key West Tourist
Oevelopment Association, shall comply with all federal, state and local laws and
ordinances applicable to the work or payment for work thereof, and shall not
discriminate on the grounds of race, color, religion, sex, age, or national origin in the
performance of work under this Agreement. This Agreement shall be subject to all
federal, state, and local laws and ordinances.
19. Security Protection: The Key West Tourist Oevelopment Association
agrees to provide adequate security for the event.
20. Ethics Clause: Key West Tourist Oevelopment Association warrants that
it has not employed, retained or otherwise had act on its behalf any former county
officer of employee subject to the prohibition of Section 2 of Ordinance No 010-1990 or
any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
For breach or violation of this provision the County may, in its discretion, terminate this
contract without liability and may also, in 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 county officer or employee.
21. Ownership: All advertising and promotion work performed under the
agreement and paid for by the BOCC and TOC shall be the property of the BOCC and
TOC, for whatever use and/or disposition the BOCC and TOC may deem appropriate.
22. Media rights: The TOC shall have the right to broadcast, rebroadcast,
use, reproduce or transmit for any purpose whatsoever, radio, television, pictures, -
sound, film and tape motion pictures and still photographs paid by the BOCC and TOC
under this agreement.
23. Logo: All promotional literature and display advertising with the exception
of generic advertising must display the Florida Keys and Key West logo/trade mark (as
per enclosed).o
5
24. . Severability: If any provision of this Agreement shall be held by a Court
of competent jurisdiction to be invalid or unenforceable, all 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.
25. Authority: Each of the signatories for the sponsor below certifies and
warrants that:
a) The sponsor's name in the agreement is the full name as designated in its
corporate charter, and b) they are empowered to act and execute agreement for the
sponsors and c) this agreement has been approved by the sponsor's Board of
Oirectors.
26. Public Entity 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".
27. Entire Agreement: The parties agree that the Agreement above
constitutes the entire agreement between the BOCC and Key West Tourist
Oevelopment Association
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL) Key West Tourist Oevelopment
Association
Attest:
By
(SEAL)
Attest: OANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
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