10/18/2001
Turn Key Events Agreement
tit
This AGREEMENT dated the {( day of OCr 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.
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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 BOCC.
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:
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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.
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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.
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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.
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Cuban American Heritage Festival, Inc.
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.
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 Agreement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Cuban American Heritage Festival, Inc..
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Cuban American Heritage Festival, Inc.
(SEAL)
Attest:
(SEAL
Attest: DANNY L. KOLHAGE, Clerk
By
Cuban American Heritage Festival, Inc.
B~ U/f,~
President
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
kriL ~ Y-f::-~
Mayor/Chairman
Deputy Clerk
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Cuban American Heritage Festival, Inc.
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