FY2012 11/16/2011 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: November 30, 2011
TO: Lynda Stuart, Office Manager
Tourist Development Council
ATTN: Maxine Pacini
Administrative Assistant , I ��
FROM: Isabel C. DeSantis, D.C.
At the November 16, 2011, Board of County Commissioners meeting, the Board granted
approval and authorized execution of the following:
Item G1 Agreement with Key West Tourist Development Association, Inc. in an amount
not to exceed $145,000, FY 2012 Event Resources.
Item G2 Agreement with Florida Keys Community College and the Letters "FKCC"
covering FKCC Swim Around Key West, Swim Meet and Pentathlon Meeting in June 2012 and
September 2012 in an amount not to exceed$10,000, DAC I, FY 2012 Event Resources.
Item G3 Agreement with Key Largo Baptist Church, Inc. covering Key Largo Bridge Run
in November 2012 in an amount not to exceed$20,000, DAC V, FY 2012 Event Resources.
Item G4 Agreement with Key West Paddleboard, Inc. covering Key West Paddleboard
Classic 2012 in May 2012 in an amount not to exceed $17,000, DAC I, FY 2012 Event
Resources.
Item G5 Agreement with Conch Life Scramble, Inc. covering Conch Life Scramble, Inc. on
the water Charity Golf Tournament in September, 2012 in an amount not to exceed $10,000,
DAC IV, FY 2012 Event Resources.
Item G6 Agreement with Islamorada Chamber of Commerce, Inc. covering Florida Keys
Island Fest in March/April 2012 in an amount not to exceed $10,000, DAC IV, FY 2012 Event
Resources.
Item G9 Agreement with Key West Bight Preservation Association, Inc. covering The Key
West "Bight" Before Christmas Holiday Celebration in November/December, 2012 in an amount
not to exceed $17,000, DAC I, FY 2012 Event Resources.
Item G10 Agreement with Key West Innkeeper's Association, Inc. covering Holiday
Historic Inn Tour in December 2012 in an amount not to exceed $17,000, DAC I, FY 2012 Event
Resources.
Item Gil Agreement with the Upper Keys Business Group, Inc. covering Key Largo Food
& Wine Festival in July/August 2012 in an amount not to exceed $20,000, DAC V, FY 2012
Event Resources.
Item G12 Amendment to the Agreement with Mitchell Wolfson Family Foundation, Inc.
covering the Interpreting History-Audubon House Outbuilding projects to revise compensation
and Exhibit A.
Item G13 Agreement with Islamorada Moose Lodge 2151, Inc. for the Islamorada Chili
Cook off in February, 2012 in an amount not to exceed $10,000, DAC IV, FY 2012 Event
Resources.
Item G14 Amendment to the Agreement to correct organization name due to scriveners error
from The Mel Fisher Heritage Society, Inc. to The Mel Fisher Maritime Heritage Society, Inc. for
the production of the Keys Maritime Exploration Experience
Attached are electronic copies of each of the above-mentioned for your handling. Should
you have any questions, please feel free to contact me.
cc: County Attorney w/o documents
Finance
File
Turn Key Events Agreement
THIS AGREEMENT (Agreement) is entered into this _X9,_ day of �, 2011,
by and between MONROE COUNTY, a political subdivision of the state of Florida (County)
and Key West Tourist Development Association, Inc. a not for profit business 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 $145,000 (One Hundred and Forty Five
Thousand Dollars: District I = $120,000; District II = $5,000; District III = $10,000; District IV =
$10,000) for: Fantasy Fest 2012 in October 2012 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):
District I:
See Exhibit B
District II:
See Exhibit C
District III:
See Exhibit D
District IV:
See Exhibit E
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.
Fantasy Fest
Tumkey Funding
FY 2012
ID #: 968
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5. Modification Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the COUNTY.
6. Termination This Agreement terminates on September 30, 2013. All invoices
must be submitted prior to September 30, 2013.
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 The Event Sponsor covenants and agrees
to indemnify and hold harmless and defend Monroe County, its officers, employees and agents
including the Tourist Development Council and Visit Florida Keys 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 services provided, event sponsored,
or other activities and funding associated with this agreement, except those losses or damages
caused by COUNTY or its agents.
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 shall furnish the County with a certificate evidencing the insurance
required by this paragraph not later than twenty (20) days prior to the event
Please have your insurance agency e-mail your certificates of insurance directly to Maria
Slavik in the Monroe County Risk Management Department. Slavik-Maria(a)- Mon roeCounty-
FL.Gov — The e-mail must state that this is a certificate for a TDC event (state name of
event as written within your contract) and should be forwarded to Maxine Pacini at the
TDC administrative office. Your certificate must state that the Monroe County Board of
County Commissioners is a "Certificate Holder" and that Monroe County, its em plo y ees
and officials will be included as "additional insured ". If you or your insurance agency
need to speak with Maria regarding the insurance requirements, she can be contact by
telephone at (305) 295 -3178, or by e-mail at the address stated above.
It is the event sponsor's responsibility to confirm that your insurance has been received and
approved. You can do this by contacting Maxine Pacini at AdminAsWD- fla- keys.com or by
calling (305) 296 -1552.
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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 throughout the entire duration of the Special Event and any extensions specified in
any attached schedules. Failure to comply with this provision may result in the immediate
suspension of the Event until the required insurance has been reinstated or replaced. Event
sponsor shall provide, to the County, as satisfactory evidence of the required insurance, either:
Original certificate of Insurance
or
Certified copy of the actual insurance policy
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.
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's insurance shall not be construed as
relieving event sponsor from any liability or obligation assumed under this contract or imposed
by law.
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.
Prior to commencement of work governed by this contract, event sponsor shall obtain
General Liability Insurance. Coverage shall be maintained through out 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
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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
than the contractor's General Liability policy.
A Workers Compensation insurance is required by Florida Statutes.
10. Permits The Event Sponsor will secure all required permits and licenses and
shall pay all appropriate business taxes.
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 Statutes Chapter 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
Fantasy Fest
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FY 2012
ID #: 968
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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 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 for by the COUNTY 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 Come As You Are"
logo /trade mark (as per attached logo sample — Exhibit A). This logo /trade mark was
adopted by the TDC and County in April 2010.
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 the agreement for the Sponsor and c)
this Agreement has been approved by the Sponsor's Governing Board.
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
Fantasy Fest
Tumkey Funding
FY 2012
1D #: 968
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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, Florida Statutes, for CATEGORY TWO for a period 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
1111 12 Street
Suite 211
Key West, FL 33040
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Cynthia Hall, Asst. County Attorney
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.
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Turnkey Funding
FY 2012
ID #: 968
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IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
I
r- Mwwmw
(CORPORATE SEAL)
Attest
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
Print Name.]��
Date: 4 -- --
Key West Tourist Development Association, Inc.
Print Name
Date:
Print Name: CIV ju—Qe "J
Date: — al(I t I
MONRQE COUNTY ATTORNEY
Am"OV A 0
A L
ASSIS T
,,POUNTY ATTORNEY
Date 01off
Fantasy Fast
Tumtey Fundng
FY 2012
ID #., 9M
Board of County Commissioners
EXHIBIT A
In- County Logo
The below 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 Sharon Joseph or John Underwood
with Tinsley Advertising at 305 - 856 -6060.
The
Fl oridd Keys
&Key est • as you are
. come y
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of- County Logo
The below logo that does NOT include the Monroe County Tourist Development Council"
designation 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 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 Sharon Joseph or John Underwood at Tinsley Advertising at 305 - 856 -6060.
Tne
Florida Keys
&Key�est
Fantasy Fest
Tumkey Funding
FY 2012
ID #: 968
�;7
EXHIBIT B
(DISTRICT 1)
1. National TV coverage or nationwide national sponsor marketing or
national or international unpaid marketing exposure
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
Tumkey Funding
FY 2012
ID #: 968
0
EXHIBIT C
(DISTRICT II)
1. National TV coverage or nationwide national sponsor marketing or
national or international unpaid marketing exposure
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 II 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
Tumkey Funding
FY 2012
ID #: 968
10
EXHIBIT D
(DISTRICT III)
1. National TV coverage or nationwide national sponsor marketing or
national or international unpaid marketing exposure
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
Turnkey Funding
FY 2012
ID #: 968
11
EXHIBIT E
(DISTRICT IV)
1. National TV coverage or nationwide national sponsor marketing or
national or international unpaid marketing exposure
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
Tumkey Funding
FY 2012
ID #: 968
12
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