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Item E5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: APRIL 20, 2000 Division: TDC Bulk Item: Yes XXX No Department: N/A AGENDA ITEM WORDING: Approval of a TurnKey Funding Agreement with the Cuban American Heritage Festival, Inc. to produce the Cuban American Heritage Festival on November 1-5, 2000 in an amount not to exceed $55,000, FY 2000, DAC I, 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 TOTAL COST: $55,000 BUDGETED: YES COST TO COUNTY: $55,OOO/TOURIST PAY APPROVED BY: County Attorney ~ OMB/Purchasing~ Risk Management X DIVISION APPROVAL: ~AAA/- Lynda M. Stuart (Type/print name) DOCUMENTATION: Included: X To Follow: Not Required Agenda Item #..a. es MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Cuban American Heritage Festival, Inc. Effective Date: 4/20/2000 Contract Purpose/Description: Approval of a TurnKey Funding Agreement with the Cuban American Heritage Festival, Inc. to produce the Cuban American Heritage Festival on November 1-5,2000 in an amount not to exceed $55,000, FY 2000, DAC I, Third Penny. Contract Manager: Maxine Pacini (Name) .X3523 (Ext) Tourist Development Council (Department) For BOCC meeting on 4/20/2000 Agenda Deadline:4/5/2000 Contract Costs Total Dollar Values of Contract: $55,000 Current Year Portion: $ Budgeted? Yes -2L- No Account Codes: 117-77030-530340-T07S-292 X Grant: $ County Match: $ Estimated Ongoing Costs: $ (not included in dollar value above) ADDITIONAL COSTS tyro For: (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW DATE IN CHANGES NEEDED? Yes No REVIEWER DA TE OUT Division Director 3d;fli; v 9 ,ej{~ Risk Management "l@oo .-/ .. a. tJ0,^-~ ~~ 3 /d6/rJO / S. Hutton ~tZ'!; ~ _ L (/fUA/v ~lft= (Final reviewer should return co~~~t to originator) 3 /:2 8' / C c.) --- C~J'fty Atto~ey ~.;J/ 1 O.M.B./Pur. kng ~ /c05/<f1.J 3/22/pO Comments: Turn Key Events Agreement THIS AGREEMENT is entered into this day of , 2000, by and between SOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (SOeC) and Cuban American Heritage Festival, Inc.. NOW, THEREFORE, and in consideration of the mutual covenants, contained herein the parties agree as f9110ws: 1. The SOCC agrees to pay ($55,000.00) Fifty Five Thousand Dollars for the Cuban American Heritage Festival on November 1 - 5, 2000 from tourist development tax funds provided Event sponsor meets all of its obligations under this agreement. 2. Scope of Services: Cuban American Heritage Festival, Inc. agrees to provide Monroe County with an event that includes the following Scope of Services: a). A one day street fair or "Street Fiesta" with food, beverages, arts and craft vendors, entertainment and a salsa dance contest. b). A four-day Cuban American Heritage Symposium at the San Carlos Institute. c). A web site (www.cubanfest.com) for festival events 3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and verified by the Tourist Development 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, soee shall pay $55,000.00. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the SOCC. 4. Accounting: Financial records of Cuban American Heritage Festival, Inc. pertaining to this project shall be kept on generally recognized accounting principles and shall be available to the SOCC 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 SOCC. 6. Sreach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the BOee reserves the right at its discretion, provided such breach is material, to terminate the services in this agreement for any misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by Cuban American Heritage Festival, Inc. 7. Termination: In order for event sponsor to be re-imbursed for expenditures, the invoices must be submitted no later than Thursday, January 4,2001. 8. Non Occurrence of Event: The Cuban American Heritage Festival, Inc. 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: Cuban American Heritage Festival, Inc. 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 Cuban American Heritage Festival, Inc. 10. Insurance Requirements: Cuban American Heritage Festival, Inc., as a pre-requisite of the Special Event governed by this agreement, shall obtain, at its own expense, insurance as specified in this section: Cuban American Heritage Festival, Inc. 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. Cuban American Heritage Festival, Inc. shall maintain the required insurance through out the entire duration of the Special Event and any extensions specified in any attacned 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. Cuban American Heritage Festival, Inc. shall provide, to the County, as satisfactory evidence of the required insurance, including the or insurance policy application and either: * 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 2 Insurance policy must state that the Monroe County SOCC is the Certificate Holder and additional Insured. Insurance should be mailed to: Monroe County Board 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 Cuban American Heritage Festival, Inc. 's insurance shall not be construed as relieving Cuban American Heritage Festival, Inc. 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. Cuban American Heritage Festival, Inc. 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, Cuban American Heritage Festival, Inc. 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 3 * $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 eq'ual 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 Cuban American Heritage Festival, Inc. 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 Cuban American Heritage Festival, Inc. 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/TDC: It is the intent of the parties hereto that the Cuban American Heritage Festival, Inc. 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 TOC 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 Cuban American Heritage Festival, Inc. shall be required ... to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The Cuban American Heritage Festival, Inc. 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 Cuban American Heritage Festival, Inc. shall not assign, transfer, convey, sublet or otherwise dispose of this agreement, or of any or all 4 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 TOC and SOCC. 18. Compliance with laws - Nondiscrimination: The Cuban American Heritage Festival, Inc., 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 Cuban American Heritage Festival, Inc. agrees to provide adequate security for the event. 20. Ethics Clause: Cuban American Heritage Festival, Inc. 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 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. 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 sacc and TOC shall be the property of the SOCC and TOC, for whatever use and/or disposition the SOCC 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 HOCC 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). 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 de~ignated 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 Directors. 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 TVVO 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 BaCC and Cuban American Heritage Festival, Inc. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL) Cuban American Heritage Festival, Inc. Attest: By (SEAL) Attest: DANNY L. 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