Item D10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JANUARY 28 2009 Division:
Bulk Item: Yes X No _ Department:
TDC
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Key West Tourist Development Association, Inc. covering Fantasy
Fest 2009 between October 23 — November 1, 2009 in an amount not to exceed $108,000 (District I
allocation = $80,000, DAC I, FY 2009 Event Resources; District II allocation = $5,000, DAC II, FY
2009 Event Resources; District III allocation = $11,500, DAC III, FY 2009 Event Resources; District
IV allocation = $11,500, DAC IV, FY 2009 Event Resources).
ITEM BACKGROUND:
TDC approved same at their meeting of September 23, 2008 Meeting
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $108,000 BUDGETED: Yes X No
COST TO COUNTY: $108,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X 01/Purchasing X Risk Management X
DOCUMENTATION:
DISPOSITION:
Revised 11/06
Included X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract With: Key West Tourist Development Contract # 530
Association, Inc. Effective Date: 1/28/09
Expiration Date: 1 /31 / 10
Contract Purpose/Description:
Approval of an Agreement with Key West Tourist Development Association, Inc. covering
Fantasy Fest 2009 between October 23 — November 1, 2009 in an amount not to exceed
$108,000 (District I allocation = $80,000, DAC I, FY 2009 Event Resources; District 11
allocation = $5,000, DAC 11, FY 2009 Event Resources; District III allocation = $11,500, DAC
111, FY 2009 Event Resources; District W allocation = $11,500, DAC W, FY 2009 Event
Resources).
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 1/28/09 Agenda Deadline 1/13/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 108,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes : 115-75360-530340-T-M-95-117-X-530340
Grant: $ 117-77030-530340-T-S-97-117-X-530340
County Match: $ 115-75360-530340-T-M-95-117-X-530340
119-79030-530340-T-S-99-148-X-530340
120-70030-530340-T-S-90-148-X-530340
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Dvier
Division Director /--f- Yes❑ No❑ l
Risk Manag me ( Yes❑ NoE?/
0.1VI.B./Purch�asmg VS Yes❑ No ] '
County Attorney ZN08 Yes❑ No®"' C. Hall
Comments:
Date Out
4
M
OMB Form Revised 2/27/01 MCP #2
Turn Key Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of , 2009,
by and between MONROE COUNTY, a political subdivision of the state of Florida (County)
and Key West Tourist Development Association, Inc. a for profit corporation organized
under the laws of the state of Florida (Event Sponsor).
WITNESSETH:
In consideration of the mutual covenants contained herein the parties agree as follows:
1. Payment: The COUNTY agrees to pay $108,000 (One Hundred and Eight
Thousand Dollars — District I allocation = $80,000; District 11 allocation = $5,000; District
III allocation = $11,500; District IV allocation = $11,500) for Fantasy Fest on October 23 —
November 1, 2009 from tourist development tax funds provided Event Sponsor meets all of its
obligations under this agreement.
2. Scope of Services: The Event Sponsor agrees to provide the County with an
event as specified in the Scope of Services below (Event):
a). District I — See Exhibit A
b). District II — See Exhibit B
c). District III — See Exhibit C
d). District IV — See Exhibit D
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, COUNTY shall pay the sum in Paragraph
1.
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the COUNTY.
4. Accounting: Financial records of Sponsor pertaining to this project shall be kept
according to generally recognized accounting principles and shall be available to the COUNTY
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 COUNTY.
Fantasy Fest 2009
FY 2009
Contract #. 530
1
6. Termination: This Agreement terminates on January 31, 2010. All invoices
must be submitted prior to January 31, 2010.
7. Non Occurrence of Event: The Event Sponsor 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: Event Sponsor 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
Event Sponsor
9. Insurance Requirements: Event Sponsor, as a pre -requisite of the Special Event
governed by this agreement, shall obtain, at its own expense, insurance as specified in this
section.
Event Sponsor 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. Event Sponsor shall maintain
the required insurance through out the entire duration of the 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 its obligations to pay under this
agreement. Event Sponsor 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 COUNTY prior to the Event. The insurance
policy must state that the Monroe County is the certificate holder and additional
Insured. Insurance should be mailed to:
Monroe County Board of County Commissioners
c/o Risk Management
Fantasy Fest 2009
FY 2009
Contract #. 530
2
1100 Simonton Street
Room 1-213
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 Event Sponsor insurance shall not be construed as
relieving Event Sponsor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials shall
be included as "Additional Insured" on all policies except Workers 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.
Evert Sponsor 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, Event Sponsor 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)
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
Fantasy Fest 2009
FY 2009
Contract #: 530
3
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 Event Sponsor 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.
12. Taxes: The COUNTY and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charges: The COUNTY and TDC will not be responsible for any
finance charges.
14. Relation of COUNTY/TDC: It is the intent of the parties hereto that the Event
Sponsor 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 COUNTY
and TDC, and the COUNTY 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 Event Sponsor shall be required to list any or all potential
conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The Event
Sponsor shall disclose to the COUNTY 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 COUNTY and TDC.
16. Assignment: The Event Sponsor 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 COUNTY.
17. Compliance with laws - Nondiscrimination: The Event Sponsor, 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
Fantasy Fest 2009
FY 2009
Contract #. 530
0
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 Event Sponsor agrees to provide adequate security for
the event.
19. Ethics Clause: The Event Sponsor 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.
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 COUNTY and TDC under this
agreement.
21. 1 Logo: All promotional literature and display advertising with the exception
of generic advertising must display the "Florida Keys & Key West Come As You Are"
logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the
TDC and County in December 2006.
In -County L000: The logo that includes the "Monroe County Tourist Development Council'
designation is to be utilized in all approved in -county print newspaper ads, magazine ads,
street banners, posters and other approved signage efforts. Radio commercials should
include "Brought to you by The Monroe County Tourist Development Council'. To seek
approval, clarification and/or logo in electronic format (eps or jpg file), contact John Underwood
with Tinsley Advertising at 305-856-6060.
Out of County Logo: The out of county logo does NOT include the "Monroe County Tourist
Development Council" designation and is to be utilized in all other efforts including any
approved out -of -county print newspaper ads, magazine ads, television commercials, internet
advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets)
and any approved promotional items including programs, T-shirts, hats, jackets, trophies and
koozie cups. Radio commercials should include "Brought to you by The Monroe County
Tourist Development Council". To seek approval, clarification and/or logo in electronic format
(eps or jpg file), contact John Underwood at Tinsley Advertising at 305-856-6060.
Fantasy Fest 2009
FY 2009
Contract #: 530
5
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 Sponsors name in the agreement is the full name as designated in its corporate
charter, and b) they are empowered to act and execute the agreement for the Sponsor 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 proposal on
a contract to provide any goods or services to a public entity, may not submit a proposal on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit proposals 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 pefiod of 36 months from the
date of being placed on the convicted vendor list". By execution of this Agreement , Sponsor
warrants that it is in compliance with this requirement.
25. Governing LawNenue: This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of the agreement, the County and
Sponsor agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
26. Notice: Any notice required or permitted under this agreement shall be in writing
and had delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following:
For Grantee: Linda O'Brien
Key West Tourist Development Association, Inc.
PO Box 230
Key West, FL 33040
Fantasy Fest 2009
FY 2009
Contract #: 530
1.9
r an a a•vm iv r vzzvii r
O1-00-07 11.Y3a rg. e-
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Cynthia L. Hall, Asst. County Attomey
P.O. Box 1026
Key West, FL 33041-1026
27. Entire Agreement: The parties agree that the Agreement above constitutes the
entire agreement between the COUNTY and Event Sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year
first above written.
(SEAL)
Attest: Danny L. Koihage, Cleric
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
Print Name:
Date:
Fantasy Fest 2009
FY 2009
Contract A: 530
Board of County Commissioners
of Monroe County
Mayor/Chairman
Key West Tourist Development Association,
Inc.
A
Print Namg
Date:
(2 �) //11? // /J/---
Print Name:
Date: %,- ' V2
MONROE COUNTY ATTORNEY
Al?-FROVF-D ASTO ' OR
{((''i�,_ ,r, . om..,._.;=----
7 ASSISTANT COUNTY ATTORNEY
Date r q rss ,..
In -County Logo
The
Florida Keys
&Key�Iest
. come es you ere
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County Lopo
The
Florida Keys
& St
,come as you are
Fantasy Fest 2009
FY 2009
Contract #: 530
EXHIBIT A
(DISTRICT I)
1. National recognized sponsorship which will guarantee national TV, radio
and newspaper marketing
2. A one day Street Fair with food, beverage, and arts and crafts vendors on
Duval Street
3. An evening Masquerade March through the streets, originating at the City
Cemetery and terminating at the Street Fair on Duval Street
4. A Duval Street Promenade of food and beverage vendors
5. Provide Fantasy Fest parade on Duval Street
6. Coordination and promotion of a minimum of thirty (30) activities
sanctioned by Fantasy Fest
7. Permission to link from the Fantasy Fest website to the TDC/district
homepage
8. Place the official District I logo on 50,000 (fifty thousand) brochures
9. Place the official District I logo in the Fantasy Fest guide and promotional
posters
10. Provide permission for District I to use the Fantasy Fest logo for
advertising one district event
Fantasy Fest 2009
FY 2009
Contract #: 530
E
(DISTRICT II)
1. National recognized sponsorship which will guarantee national TV, radio
and newspaper marketing
2. A one day Street Fair with food, beverage, and arts and crafts vendors on
Duval Street
3. An evening Masquerade March through the streets, originating at the City
Cemetery and terminating at the Street Fair on Duval Street
4. A Duval Street Promenade of food and beverage vendors
5. Provide Fantasy Fest parade on Duval Street
6. Coordination and promotion of a minimum of thirty (30) activities
sanctioned by Fantasy Fest
.........................................................................................................
District Specific
7. Permission to link from the Fantasy Fest website to the TDC/district
homepage
8. Place the official District II logo on 50,000 (fifty thousand) brochures
9. Place the official District 11 logo in the Fantasy Fest guide and promotional
posters
10. Provide permission for District II to use the Fantasy Fest logo for
advertising one district event
Fantasy Fest 2009
FY 2009
Contract #: 530
10
EXHIBIT C
(DISTRICT 111)
1. National recognized sponsorship which will guarantee national TV, radio
and newspaper marketing
2. A one day Street Fair with food, beverage, and arts and crafts vendors on
Duval Street
3. An evening Masquerade March through the streets, originating at the City
Cemetery and terminating at the Street Fair on Duval Street
4. A Duval Street Promenade of food and beverage vendors
5. Provide Fantasy Fest parade on Duval Street
6. Coordination and promotion of a minimum of thirty (30) activities
sanctioned by Fantasy Fest
District Specific
7. Permission to link from the Fantasy Fest website to the TDC/district
homepage
8. Place the official District III logo on 50,000 (fifty thousand) brochures
9. Place the official District III logo in the Fantasy Fest guide and promotional
posters
10. Provide permission for District III to use the Fantasy Fest logo for
advertising one district event
Fantasy Fest 2009
FY 2009
Contract #: 530
11
EXHIBIT D
(DISTRICT IV)
1. National recognized sponsorship which will guarantee national TV, radio
and newspaper marketing
2. A one day Street Fair with food, beverage, and arts and crafts vendors on
Duval Street
3. An evening Masquerade March through the streets, originating at the City
Cemetery and terminating at the Street Fair on Duval Street
4. A Duval Street Promenade of food and beverage vendors
5. Provide Fantasy Fest parade on Duval Street
6. Coordination and promotion of a minimum of thirty (30) activities
sanctioned by Fantasy Fest
.........................................................................................................
District Specific
7. Permission to link from the Fantasy Fest website to the TDC/district
homepage
8. Place the official District IV logo on 50,000 (fifty thousand) brochures
9. Place the official District IV logo in the Fantasy Fest guide and promotional
posters
10. Provide permission for District IV to use the Fantasy Fest logo for
advertising one district event
Fantasy Fest 2009
FY 2009
Contract #. 530
12