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Item G25 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: NOVEMBER 20. 2012 Division: TDC Bulk Item: Yes X No Department: 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 in October, 2013 in an amount not to exceed $150,000 (DAC I = $120,000; DAC 11 = $5,000; DAC III = $10,000; DAC IV = $15,000), FY 2013 Event Resources. ITEM BACKGROUND: TDC approved same at their meeting of September 11, 2012 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: S150,000 BUDGETED: Yes X No COST TO COUNTY: S150,000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X 04;Purchasing X Risk Managtnement X DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Tourist Contract# 1105 Development Association, Inc. Effective Date: 11/20/12 Expiration Date: 1/3)1/2014 Contract Purpose/Description: Approval of an Agreement with Key West Tourist Development Association, Inc. covering Fantasy Fest in October, 2013 in an amount not to exceed $150,000 (DAC I = $120,000: DAC 11 = $5,000' DAC III = $10,000: DAC IV= $15,000), FY 2013 Event Resources. Contract Manager: Maxine Pacim 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 11/20/12 Agenda Deadline 11/6/12 CONTRACT COSTS Total Dollar Value of Contract: $ 150,000 Current Year Portion: Budgeted? Yes® No F-1 Account Codes : 11777030530340ts37117x530340 Grant: $ 115 75360 530340 tm35 117 x 530340 -L County Match: 119 79030 530340 ts39 117 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 Out Date Yi Needed r Division Director YesF-1 No®' Risk Management Yes F❑ No 10 I O.M.B./Purchasing SP- YesF-1 No F"T County Attorney YesF-1 No❑ C. Hall Comments: TurnKey Events Agreement THIS AGREEMENT (Agreement) is entered into this day of 2012, 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 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 $150,000 (One Hundred and Fifty Thousand Dollars — District I Funding Allocation = $120,000; District 11 Funding Allocation = $5,000; District III funding Allocation = $10,000; District IV funding Allocation = $15,000) for: Fantasy Fest in October, 2013 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 1: See Exhibit B —with DAC I logo attached District 11: See Exhibit C —with DAC 11 logo attached District III: See Exhibit D —with DAC I I I logo attached District IV: See Exhibit E —with DAC IV logo attached 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 Turnkey Funding FY 2013 ID#: 1105 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 January 31, 2014. All invoices must be submitted prior to January 31, 2014. 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. "2'avik-Sitari iAilonroeC 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 employees 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 AdrninAsst'( fi or by calling (305) 296-1552. 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 Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 2 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 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 Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 3 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 thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 4 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. (Where indicated in the scope of services the individual district logos shall be used — they will be noted in the individual Exhibits). 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 perform work as a contractor, supplier, subcontractor, or consultant under a contract with any Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 5 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 th 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. Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL) Board of County Commissioners Attest: Danny L. Koihage, Clerk of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Key West Tourist Development Association, Inc. Attest: Sec tart' - � a (' Prim, r t Print Name Print Name Date: o �' Date: Z�� _ / OR TWO WITNESSES 4 .. Print Name: r Print Name: r' trYJDate: _ Date: hr 1 MONR,qE COUN{ Y ATTORNEY APPRO D-A T PIVI: NTN A L. WALL ASSIST AT COUNTY ATTORNEY Date— - Fantasy Fast Tumkey Funding FY 2013 1D k 1105 7 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 Jessica Taylor-Smith or John Underwood with Tinsley Advertising at 305-856-6060. The Floridd Keys &Key est ., **0 COMB dS YOU dfe' 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 Jessica Taylor-Smith or John Underwood at Tinsley Advertising at 305-856-6060. The Carl d KeYS &K Ae es t 0 COMe dS YOU dfe' Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 8 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 — see next page for logo 9. Place the official District I logo in the Fantasy Fest guide and promotional posters— see next page for logo 10. Provide permission for District I to use the Fantasy Fest logo for advertising one district event Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 9 In-CountV 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 Jessica Taylor-Smith or John Underwood with Tinsley Advertising at 305-856-6060. K ICY% I est Close to Perfect-Far From NOnndl 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 Jessica Taylor-Smith or John Underwood at Tinsley Advertising at 305-856-6060. e est Close to Perfect-Far From Normal Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 10 EXHIBIT C (DISTRICT 11) 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 11 logo on 50,000 (fifty thousand) brochures — see next page for logo 9. Place the official District 11 logo in the Fantasy Fest guide and promotional posters — see next page for logo 10. Provide permission for District 11 to use the Fantasy Fest logo for advertising one district event Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 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 Jessica Taylor-Smith or John Underwood with Tinsley Advertising at 305-856-6060. BigpineKey cind Horld(i's Lower Keys 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 Jessica Taylor-Smith or John Underwood at Tinsley Advertising at 305-856-6060. Bigpin Key and Flon dS Lower Keys Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 12 EXHIBIT D (DISTRICT 111) 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 ............................................................. ......................I.................... 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 — see next page for logo 9. Place the official District III logo in the Fantasy Fest guide and promotional posters — see next page for logo 10. Provide permission for District III to use the Fantasy Fest logo for advertising one district event Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 13 lln-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 Jessica Taylor-Smith or John Underwood with Tinsley Advertising at 305-856-6060. MFlorida Keys drdT'i can 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 Jessica Taylor-Smith or John Underwood at Tinsley Advertising at 305-856-6060. mIle, Florida Keys d, 4 on Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 14 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 — see next page for logo 9. Place the official District IV logo in the Fantasy Fest guide and promotional posters — see next page for logo 10. Provide permission for District IV to use the Fantasy Fest logo for advertising one district event Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 15 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 Jessica Taylor-Smith or John Underwood with Tinsley Advertising at 305-856-6060. IIThe Florida eys S dmo dd 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 Jessica Taylor-Smith or John Underwood at Tinsley Advertising at 305-856-6060. The Floridd eys dM0�'ddd Fantasy Fest Turnkey Funding FY 2013 ID#: 1105 16