FY2001 04/19/2001
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:
May 1,2001
TO:
Lynda Stuart, Office Manager
Tourist Development Council
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. HancoJv
Deputy Clerk lY
ATTN:
At the April 19, 2001, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of a Turn Key Events Agreement between Monroe County and
Key West Tourist Development Association for the production of Fantasy Fest on October
19-28, 2001 in an amount not to exceed $85,000, DAC I and $5,000, DAC II, FY 2001, Third
Penny.
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 document
Risk Management w/o document
County Attorney
Finance
File ./
Turn Key Events Aqreement
THIS AGREEMENT is entered into this /q# day of AP:g 1/-..,2001, by and
between SOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(SOCC) and Key West Tourist Development Association hereinafter "Event Sponsor".
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as follows:
1. The SOCC agrees to pay $90,000 (Ninety Thousand Dollars) for Fantasy
Fest on October 19 - 28, 2001 from tourist development tax funds provided Event
sponsor meets all of its obligations under this agreement.
2. Scope of Services: The Key West Tourist Development Association
agrees to provide the County with an event as specified in the Scope of Services
below:
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) The Fantasy Fest Parade through Old Town.
e) Provide live internet coverage of the Fantasy Fest Parade and provide national
media for several of the festival's events
f) Coordinate and promote a minimum of thirty (30) activities sanctioned by
Fantasy Fest.
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 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, SOCC
shall pay $90,000.
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 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 TDC and approved by the SOCC.
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Fantasy Fest FY 2001 Funding
6. Termination: This Agreement will be terminated on December 28, 2001.
. All invoices must be submitted prior to December 28, 2001.
7. 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.
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 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:
* Original Certificate of Insurance
or
*
Certified copy of the actual insurance policy
2
Fantasy Fest FY 2001 Funding
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 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 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 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)
3
Fantasy Fest FY 2001 Funding
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 that the contractor's General Liability policy.
10. Permits: The Key West Tourist Development Association 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 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 Charges: The SOCC and TDC will not be responsible for any
finance charges.
14. Relation of SOCCrrDC: It is the intent of the parties hereto that the 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 SOCC 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 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. The Key West Tourist Development Association shall
disclose to the SOCC 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 SOCC and TDC.
4
Fantasy Fest FY 2001 Funding
16. Assignment: The Key West Tourist Development 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 TDC and BOCC.
17. Compliance with laws - Nondiscrimination: The 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: The 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 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.
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 and Key West logo/trade mark (as
per enclosed).
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.
5
Fantasy Fest FY 2001 Funding
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 Key West Tourist
Development Association
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
,\'~':A~:rt~;;" Norice Z. James
(SEA~f"~"'a MY COMMISSION # CC743040 EXPIRES
AttesP~'~'-\>: May 24, 2002
. ~";fo,.",<t'" BONDED THRU TROY fAIN INSURANClINC.
"'"1\'\
Key West Tourist Development Association
By .
President /
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
a~~
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Mayor/Chairman
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YANOFF SOUTH INC.
2400 E.COMMERCIAL BLVD. SUITE #728
FT.LAUDERDALE, FL 33308
;". ACORD...
PRODUCER
COMPANY
A
SCOTTSDALE INSURANCE COMPANY
KEY WEST TOURIST DEVELOPMENT
ASSOCIATION (FANTASY FEST)
P.O. BOX 230
KEY WEST FL 33040
COMPANY
B
SCOTTSDALE INSURANCE COMPANY
INSURED
COMPANY
C
COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NO'TWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS.
CO
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TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMlDDIYV) DATE (MMlDDIYV)
LIMITS
AUTOMOBILE UABILITY
ANY AUTO
ALL OWNED AUTOS
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PRODUCTS - COMP/OP AGG S
10/19/01 10/29/01 PERSONAL & ADV INJURY S
EACH OCCURRENCE S
FIRE DAMAGE (Any one fire) S
MED EXP (Anyone person) S
COMBINED SINGLE LIMrr S
BODILY INJURY S
(Per person)
BOOIL Y INJURY S
(Per accident)
PROPERTY DAMAGE S
AUTO ONLY - EA ACCIDENT S
OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE S
EACH OCCURRENCE S 8
10/19/01 10/29/01 AGGREGATE s 8
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SPECIAL EVENTS (FANTASY FEST WEEK)
ALL CERTIFICATE HOLDERS ARE ADDITIONAL INSUREDS
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS &'
MONROE COUNTY TDC & RISK MANAGEMENT
5100 COLLEGE ROAD
KEY WEST,FL 33040
SHOULD ANY OF TllE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRAnON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
..lL DAYS WRrrTEN NonCE TO TllE CERTIFICATE HOLDER NAMED TO TllE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGAnON OR UABILITY
OF ANY KIND N TllE COMPANY. ITS AGENTS OR REPRESENTATIVES;
AU'TNORIZED REPRES AnvE