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Item E5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 18,2001 Division: Bulk Item: Yes X No Department: TDC AGENDA ITEM WORDING: Approval of a TurnKey Agreement with the Cuban American Heritage Festival, Inc. covering the Cuban American Heritage Festival on June 14-23, 2002 in an amount not to exceed $39,731, DAC I, FY 2002, Third Penny. ITEM BACKGROUND: TDC approved same at their meeting of June 21, 2000 PREVIOUS REVELANT BOCC ACTION: BOCC approved FY 2002 Budget at their meeting of September 19,2001 CONTRACT/AGREEMENT CHANGES: This is a new contract STAFF RECOMMENDATIONS: Approval TOTAL COST:$39,731 COST TO COUNTY: BUDGETED: Yes X No REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year X APPROVED BY: County Atty ~ OMB/Purchasing ~ Risk Management X t~ ,~" . ~~--- (Lynda Stuart) DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM #~ Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Cuban American Heritage Festival, Inc. Contract # Effective Date: October 18, 2001 Expiration Date: Contract Purpose/Description: Approval of a TurnKey Agreement with the Cuban American Heritage Festival, Inc. covering the Cuban American Heritage Festival on June 14-23,2002 in an amount not to exceed $39,731, DAC I, FY 2002, Third Penny. Contract Manager: Maxine Pacini (Name) 3523 (Ext.) TDC#3 (Department/Stop #) for BOCC meeting on 10/18/01 Agenda Deadline: 10/3/01 CONTRACT COSTS Total Dollar Value of Contract: $ 39,731 Budgeted? Yes[gl No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75360-530340-T15M 292Y 530340 - - - ---- - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Date Out DateIn Ye~O~:~~-4"'Y ;&, ~t~\~\:::~::~~~~ q ,I~ " ,,1/~q1. YesO No6 .. G - - S~utton 0wJ) Jt ~ ~".t~ Q,.z"::,dQt:Q " 1 0 n, 0 . f' .\.' 'f"~_ '- \u.L--<____-L/~ /::.. (-t:..k'~I_l.,~t, ,"\ {;~~y (.7,-!. ' I () Risk ManageiJ~nt O.M.B./Purc~g County Attorney OMB Form Revised 2/27/01 MCP #2 Turn Key Events Agreement This AGREEMENT dated the day of 2001, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and The Cuban American Heritage Festival, Inc., hereinafter" The Cuban American Heritage Festival, Inc.". WHEREAS, the BOCC finds it in the best interest of the County to promote tourism by entering into this agreement, NOW, THEREFORE, and in consideration of the mutual covenants, contained herein the parties agree as follows: 1. The BOCC agrees to pay $39,731 (Thirty Nine Thousand, Seven Hundred and Thirty One Dollars) for the Cuban American Heritage Festival on June 14-23, 2002 from tourist development tax funds provided Event sponsor meets all of its obligations under this agreement. 2. Scope of Services: The Cuban American Heritage Festival, Inc. agrees to provide the County with a Cuban American Heritage Festival on June 14-23, 2002, with a minimum of services as described below: a. Cuban American Heritage Trail of historic Cuban sites in Key West - with maps printed in English and Spanish. b. Exhibition of Cuban American artifacts. c. A three day Cuban American Symposium d. A Gala Cigar Dinner featuring live music. e. "Coast to Coast" Conga line starting at Duval Street and South Street and ending at Mallory Square with live music. f. A one day "Fiesta" g. A Latin music concert . h. Fiesta de Ninos - a children related afternoon of activities held at Bay View Park. i. A web site for the festival events and fishing tournament information. www.cubanfest.com. 1 Cuban American Heritage Festival, Inc. 3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and verified by the Tourist Development Council (TDC) Administrative Office, proving that event has been produced and promoted through print advertising, television coverage and news releases, and the required insurance was obtained no less than twenty days prior to the event, BOCC shall pay $39,731. 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 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 TDC and approved by the BOCC. 6. Termination: This Agreement will be terminated on September 30, 2002. All invoices must be submitted prior to September 30, 2002. 7. 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. 8. Indemnification and Hold Harmless: The 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. 9. 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: 2 Cuban American Heritage Festival, Inc. The 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 throughout 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. Cuban American Heritage Festival, Inc. shall provide, to the County, as satisfactory evidence of the required insurance, including the 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 BOCC prior to the Event. The Insurance policy must state that the Monroe County BOCC and Monroe County TDC is the Certificate Holder and additional Insured for this event. 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. 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. 3 Cuban American Heritage Festival, Inc. The 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 that 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. 10. Permits: The Cuban American Heritage Festival, Inc. will secure all required permits, licenses including but not limited to occupational licenses. 11. 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. 12. Taxes: The BOCC and TDC are exempt from Federal Excise and State of Florida Sales Tax. 13. Finance Charges: The BOCC and TDC will not be responsible for any finance charges. 4 Cuban American Heritage Festival, Inc. 14. Relation of BOCCITDC: 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 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. 15. 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 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 BOCC and TDC. 16. Assignment: The Cuban American Heritage Festival, Inc. 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 BOCC. 17. 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. 18. Security Protection: The Cuban American Heritage Festival, Inc. agrees to provide adequate security for the event. 19. Ethics Clause: The Cuban American Heritage Festival, Inc. warrants that it has not employed, retained or other wise had act on its behalf, any former County office 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 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. Cuban American Heritage Festival, Inc. 5 20. Media rights: The TDC 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 TDC under this agreement. 21. Logo: All promotional literature and display advertising with the exception of generic advertising must display the "Florida Keys & Key West, Monroe County Tourist Development Council Come As You Are" logo/trade mark (as per enclosed). This logo/trade mark was adopted by the TDC and County in November 2000. No re-imbursement will be provided to those entities utilizing the old logo/trade mark "Florida & Key West Come as you are". 22. 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. that: 23. Authority: Each of the signatories for the sponsor below certifies and warrants 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 Directors. 24. 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". 25. Entire Agreement: The parties agree that the Agreement above constitutes the entire agreement between the BOCC and Cuban American Heritage Festival, Inc.. Cuban American Heritage Festival, Inc. 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL) Attest: Cuban American Heritage Festival, Inc. By President (SEAL Attest: DANNY L. 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