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FY2000 03/16/2000 1JBannp lL. Itolbage BRANOI OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANOI OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: March 28, 2000 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative AsS(Jtistant Pamela G. Hancock Deputy Clerk FROM: At the March 16, 2000, Board of County Commissioner's Meeting the Board approved and authorized execution of the following items: 1. Turn Key Agreement between Monroe County and Super Boat International Productions, Inc. covering Key West Super Boat World Championship Race on November 5-11, 2000 in an amount not to exceed $87,500.00, DAC I, FY 2000, Third Penny. 2. Amendment between Monroe County and Pigeon Key Foundation to develop an Amenity Center in an amount not to exceed $11,250.00, DAC III, FY 2000, Third Penny. 3. Agreement between Monroe County and Florida Keys Land & Sea Trust to create a "Watchable FL Keys Butterfly & Wildlife Garden" in an amount not to exceed $9,389.50, DAC III, FY 2000, Third Penny. 4. Agreement between Monroe County and Dolphin Research Center for installation of a composting toilet with privacy structure in an am<;)Unt not to exceed $4,850.00, DAC III, FY 2000, Third Penny. 5. Turn Key Funding Agreement between Monroe County and 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. 6. Resolution No. 133-2000 transferring funds. 7. Resolution No. 133A-2000 to provide advance registration for trade shows for the fiscal year 2001 be paid from Tourist Development Council funds in fiscal year 2000. Attached hereto are two duplicate originals of the above Agreements and Amendment, one for your return to the provider and the other for your departmental files. Also, attached are certified copies of the above Resolutions for your handling. Should you have any questions, please do not hesitate to contact this office. Cc: County Administrator w/o documents County Attorney Finance, %Kim Hanna File Turn Key Events Agreement THIS AGREEMENT is entered into this I~~ day ofm~, 2000, by and between SOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (SOCC) and Key West Tourist Development Association. NOW, THEREFORE, and in consideration of the mutual covenants, contained herein the parties agree as follows: 1. The SOCC 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 Development 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 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 advertisifi9, and that the required insurance was obtained no less than twenty days prior to the ~nt sic ~ shall pay $1 05,000.00. g~~ ~ 8 n' N Monroe County's performance and obligation to pay under t~~ontr_t i~ contingent upon an annual appropriation by the SOCC. ~~~ "'0 ~ :< - .::x: ~ ..un 4. Accounting: Financial records of Key West Tourist ,:1Ue~lo~e,tt') Association pertaining to this project shall be kept on generally recogniz@'d crec~ti~ 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. 1 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. Breach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the BOCC 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 Key West Tourist Development 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 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 10. 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 materiel) 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: 2 * 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 is the Certificate Holder and additional Insured. Insurance should be mailed to: Monroe County Board of County Commissioners' cIa 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, 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 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 3 * 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. 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 Development 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 Development Association agrees that the venue for any dispute concerning this agreement shall be in Monroe County, Florida. 13. Taxes: The SOCC and TDC are exempt from Federal Excise and State of Florida Sales Tax. 14. Finance Charges: The SOCC and TDC will not be responsible for any finance charges. 15. Relation of SOCCITDC: 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. 16. 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 4 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. 17. 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 th.erein, or his or its power to execute such agreement to any person, company or corporation without prior consent of the TDC and SOCC. 18. 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. 19. Security Protection: The Key West Tourist Development Association agrees to provide adequate security for the event. 20. 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. 21. Ownership: All advertising and promotion work performed under the agreement and paid for by the SOCC and TDC shall be the property of the SOCC and TDC, for whatever use and/or disposition the SOCC and TDC may deem appropriate. 22. 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 SOCC and TDC 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). 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 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 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 Development Association IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL) 'lA"''''~' Norice Z. James !." "'~;% MY COMMISSION # CC743040 EXPIRES ~" 1;.; May 24, 2002 "iT.f.:i;'ct<t,... BONDED TROY FAIN INSURANCE, INe. "hu\l' Key West Tourist Development Association QOOr/ By " / /' BOARD OF COUNTY COMMISSIONERS OF M~OE C~UNTY';;~ By ~ Mayor/Chalrm n 6 TH[ lQRIDA [Y5 & [Y [51 ComE a5... }jOU a'lE'" mHLqRIDAKmWYW[Sl . Come a;j. you au" TH[ [LORIDA K[YS & K[Y W[ST l"H~!~~~~~W[Sl CainE a2- }IOU a'lE'" T"HLQRIDAK[Y5&KtvWtsT ComE a~ !IOU a'lE" l~[ [LQRIDA K[YS & K[Y W[Sl T~[ [LORIDAKHS&KHwm LomE a2.- you a7-ETM - ComE a2. !IOU a'lE~ - T~[ [W~2~ ~~~~ K~r;W[ST TU[ tW~~~ ~~~l K~)N[ST T~[ [lORIDA K[YS & K[Y W[ST TU[ tW~~~ ~~~l K~W[ST eomE a~ !IOU a'lE'" TU[ [LORIDA KfYS & KfY W[ST T~[ [W~2~ ~~Y~ ~rW[ST Come a:i !IOU au;' - .'I TU[ tW~~~ ~~~l K~r;W[ST T~[ [W~2~ ~~~~ K~r;W[ST T~HWE2~ ~~~ ~~W[ST l~[ [kQB2~ ~~ Y~~ ~~rW[Sl T"HlQRIOA Km & KU wm !I TH[[L:::AEK:~~[~:[Sl TH[ [LQRIDA K[YS &K[Y W[ST {!omEO".'FO=- LainE a2- }Iou a'lE'" :.;.;.;.:.:.:.:.:.;...;.;...:...;.....:. ... ................. ... .......... . .. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ACORD. PRODUCER Yanoff South Inc. 2400 Commercial Blvd. #728 Ft. Lauderdale, Fl. 33308 (954) 776-4050 Phone No. INSURED COMPANY A SCOTTSDALE INSURANCE COMPANY Fax No. Key West Tourist Association DBA: P.O. Box 230 Key West, FL. 33041 Development Fantasy Fest COMPANY B SCOTTSDALE INSURANCE COMPANY COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POlICIES OF INSURANCE USTED BELOW HAVE BEEN TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING AN'( REQUIREMENT, TERM OR CONDITION OF AN'( 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. LMTS SHOWN MAY HAVE BEEN REDUceD BY PAID ClAIMS. CO TYPE OF INSURANCE POlICY NUMBER POlICY EFFECTlVE POlICY EXPIRATION lIMITS lTR DATE (MMIDONY) DATE (MM/DDJYY) GENERAL UABlLITY GENERAl AGGREGATE A COMMERCIAl GENERAl UABlLITY CLS451059 10/20/0 10/30/0 PRODUCTS - COMPIOP AGG ClAIMS MADE ~ OCCUR PERSONAL & AOV INJURY OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ AUTOMOBILE lIABILITY COMBINED SINGLE UMIT $ ANY AUTO All OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (per person) HIRED AUTOS BOOIl Y INJURY $ NON-OWNED AUTOS ~ (per ac:cident) \'/,'\:VrR: ~, " .~~Yr~_ PROPERTY DAMAGE $ GARAGE UABlLITY AUTO ONlY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS UABlllTY EACH OCCURRENCE B UMBRELLA FORM XLS007668 10/20/0 10/30/0 AGGREGATE OTHER THAN UMBRElLA FORM WORKERS COMPENSATION AND EMPLOYERS' UABlllTY $ THE PROPRIETOR! INCl El DISEASE - POlICY UMIT $ PARTNER~CUTIVE OFFICERS. ARE: EXCl El DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONSIlOCATlONSlVEHIClESlSPEClAllTEMS SPECIAL EVENTS (FANTASY FEST WEEK) ALL CERTIFICATE HOLDERS ARE ADDITIONAL INSUREDS MONROE COUNTY'S BOARD OF COUNTY COMMISSIONERS & MONROE COUNTY TDC whitehead Street Key West, Fl.. 33040 . AQQgQ:~:ni.i$n::::i:i::::?;:?:???:: ..::::::.::::::;:;;:;:;::::;:;::;:i;::::.. :<:':.:::'::::{:;:{;f:::::::.:::::;::::::::::.:::.;:;:.