Loading...
FY2002 02/14/2002 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: February 21,2002 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant Pamela G. Han~ Deputy Clerk -0 FROM: At the February 14, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Turn Key Events Agreement between Monroe County and Florida Keys Corvette Club covering the 9th Annual Corvettes In Paradise Show on November 2, 2002 in an amount not to exceed $5,000, DAC IV, FY 2002, Third Penny, Event Resources. vt'urn Key Events Agreement between Monroe County and Key West Tourist Development Association covering Fantasy Fest on October 18-27, 2002 in an amount not to exceed $90,000, DAC I, FY 2002, Third Penny, Event Resources and $5,000, DAC II, FY 2002, Third Penny, Event Resources. Addendum to Agreement between Monroe County and the Florida Keys Land and Sea Trust to extend Agreement until February 28,2002. Enclosed are two duplicate originals of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o documents Risk Management w/o documents County Attorney Finance File Turn Key Events AQreement This AGREEMENT dated the /4 t:I1 day of RJ3 2002, 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 Key West Tourist Development Association, hereinafter" Key West Tourist Development Association" (Event Sponsor). WHEREAS, the SOCC 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 SOCC agrees to pay $95,000 (Ninety Five Thousand Dollars) for Fantasy Fest on October 18 - 27, 2002 from tourist development tax funds provided Event sponsor meets all of its obligations under this agreement. 2. Scope of Services: Key West Tourist Development Association agrees to provide the County with an event that includes the following: 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 d) Provide coordination of floats through Old Town e) Provide live internet coverage of the Fantasy Fest Parade and national media for several of the festival's events f) Coordination and promotion of a minimum of thirty (30) activities sanctioned by Fantasy Fest Event Sponsor may subcontract with others for any or all of the advertising, promotion and production of Fantasy Fest, October 2002. 3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and verified by the Tourist Development Council (TDC) Administrative Office, proving that event ha~ 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, BOee shall pay $95,000. 1 Fantasy Fest 2002 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the SOCC. . 4. . Accountinq: Financial records of Key West Tourist Development 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 TDC and approved by the SOCC. 6. Termination: This Agreement will be terminated on December 27,2002. All invoices must be submitted prior to December 27,2002. 7. Non Occurrence of Event: 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. 8. Indemnification and Hold Harmless: Key West Tourist Development 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 Development Association. 9. Insurance Requirements: Key West Tourist Development 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 Development Association 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. Key West Tourist Development Association 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 2 Fantasy Fest 2002 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: * 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 TOC 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 1100 Simonton Street Room 2-277 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 Development Association's insurance shall not be construed as relieving Key West Tourist Development 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. 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 Development 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 that shall be maintained throughout the life of the contract and include, as a minimum: * Premises Operations * Products and Completed Operations * Blanket contractual Liability 3 Fantasy Fest 2002 * 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: Key West Tourist Development Association will secure all required permits, licenses including but not limited to occupational licenses. 11. Laws and Requlations: Any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations, and Key West Tourist Development Association agrees that the venue for any dispute concerning this agreement shall be in Monroe County, Florida. 12. Taxes: The SOCC and TDC are exempt from Federal Excise and State of Florida Sales Tax. 13. Finance Charqes: The SOCC and TDC will not be responsible for any finance charges. 14. Relation of SOCCfTDC: It is the intent of the parties hereto that Key West Tourist Development 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 SOCC 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: Key West Tourist Development Association shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. Key West Tourist Development Association shall disclose to the SOCC and TDC all 4 Fantasy Fest 2002 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 SOCC and TDC. 16., Assiqnment: Key West Tourist Development Association shall not assign, transfer or convey. this agreement or otherwise dispose of its responsibilities under this agreement without prior written consent of the TDC and SOCC. Key West Tourist Development Association shall retain responsibility for advertising, promotion and production of the event described in paragraph 2 event if some or all of the tasks are subcontracted to others. 17. Compliance with laws - Nondiscrimination: Key West Tourist Development 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. 18. Security Protection: Key West Tourist Development Association agrees to provide adequate security for the event. 19. Ethics Clause: Key West Tourist Development Association warrants that it has not employed, retained or other wise had act on its behalf, any former County officer 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. 20. Media riqhts: 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 SOCC and TDC under this agreement. 21. Loqo: All promotional literature and display advertising with the exception of generic advertisin~l 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". 5 Fantasy Fest 2002 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. 23, 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 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 Aqreement: The parties agree that the Agreement above constitutes the entire agreement between the BOCC and Key West Tourist Development Association. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL) Attest: Key West Tourist Development Association By . President (SEAL Attest:: QAPJNY L. KOLHAGE, Clerk -'_,J. '._' -' <:) , ~ ."- ::tI .1:0. O("';:Z:- I-..,r-:.<' C') ~ -.: o ('. BOARD OF COUNTY COMMISSI~iBs - OF MONROE COUNTY, FLORIDA;<~~ .-.,.::t; "T'J ~ r- C') ;:> ,.." ~ <::::> ~ M 0:1 f\) ..,., - r- ~ ..,., (::) =0 =0 f'rJ C") (::) .::0 o ,J::a.. .:r 9 By Mayor/Chairman ~ ..r:::- ~ 6 Fantasy Fest 2002 ni\TF THf [lORIDA KHS & KH WfST THf [lORIDA KHS & KH WfST THf [lORIDA KfYS & KH WfST MONROf COUNTYTOURIST DfVHOPMfNT COUNCil MONROf COUNTYTOURIST DfV[lOPM[NT COUNCil MONRO[ COUNTY TOURIST DmLOPM[NT COUNCIl CfPJtfB t2<? 'ftpu t2oB,@ CfPJtfB t2<? 'ftpu t2oB,@ CfPJtfB t2<? 'ftpu t2oB,@ . THf [lOR IDA KfYS & KH WfST THf [lORIDA KHS & KH WfST THf [lORIDA KHS & KH WfST MONRO[ COUNTY TOURIST DmlOPM[NT COUNCil MONRO[ COUNTY TOURIST DmlOPM[NT COUNCIl MONRO[ COUNTY TOURIST D[VHOPMWT COUNCIl CfPJtfB t2<? 'ftpu t2oB,@ CfPJtfB t2<? 'ftpu t2oB,@ CfPJtfB t2<? 'ftpu t2oB.@ THE [lORIDA KEYS & KEY WEST MONROf COUNTYTOURIST OmLOPMfNT COUNCIL Ctllne a~ 'ftpw a,-e.rtJ THE [lO R IDA KEYS & KEY WEST MONROf COUNTY TOURIST OmLOPMfNT COUNCIL Ctlfrle a~ 'ftpw a,-e,rtJ THE [lORIDA KEYS & KEY WEST MONROf COUNTY TOURIST OmLOPMfNT COUNCIL Ctlfrle a~ 'ftpw a,-e,rtJ THE [lORIDA KEYS & KEY WEST MONROf COUNTY TOURIST OmLOPMfNT COUNCIL Ctlfrle a~ 'ftpw a,-e.rtJ THE [lORIDA KEYS & KEY WEST MONROf COUNTYTOURIST OmLOPMfNT COUNCIL Ctlfrle a~ 'ftpw a,-e,rtJ THE [lORIDA KEYS & KEY WEST MONROf COUNTY TOURIST OmLOPMfNT COUNCIL Ctlfrle a~ YtlW a,-e,rtJ l~[ [lORIDA K[YS &K[YW[Sl l~[ [lORIDA K[YS &K[YW[Sl l~[ [lORIDA K[YS &K[YW[Sl MONRO[ COUNTYTOURIST O[VROPM[NT COUNCil MONRO[ COUNTYTOURIST O[V[lOPM[NT COUNCil MONRO[ COUNTYTOURIST O[VROPM[NT COUNCil CliMe (j~ 'IIIU (jpe,@ CliMe (j~ '/flu (jpe,@ CliMe (j~ '/flu (jpe,@ l~[ [lORIDA K[YS &K[YW[Sl l~[ [lORIDA K[YS &K[YW[Sl l~[ [lORIDA K[YS &K[YW[Sl MONRO[ COUNTY TOURIST O[VROPM[NT COUNCil MONRO[ COUNTY TOURIST O[V[lOPM[NT COUNCil MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCil CliMe (j~ 'IIIU (jpe,@ CliMe (j~ '/flu (jpe,@ CliMe (j~ '/flu (jpe,@ TH[ flORIDA K[YS & K[Y W[ST MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL CtlJrfe a~ YtlU are,@ TH[ flORIDA K[YS & K[Y W[ST MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL CtlJrfe a~ '/flu are,@ TH[ flORIDA K[YS & K[Y W[ST MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL CtlJrfe a~ '/flu are,@ TH[ flORIDA K[YS & K[Y W[ST MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL CtlJrfe a~ '/flu are,@ MCTG-9864 Logo Slick L01