FY2003 03/19/2003
Turn Kev Events AQreement
This AGREEMENT dated the (1 d day of.f1t1tzt,H 2003, 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 Key West Tourist Development
Association, hereinafter II Key West Tourist Development Association" (Event Sponsor).
WHEREAS, the SOCC 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 SOCC agrees to pay $100,000 (One Hundred Thousand Dollars) for Fantasy Fest
on October 17 - 26, 2003 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 the
County with an event that includes the following:
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
d) Provide coordination of floats through Old Town
e) Provide live internet coverage of the Fantasy Fest Parade and national media for several of
the festival's events
f) Coordination and promotion of a minimum of thirty (30) activities sanctioned by Fantasy Fest
Event Sponsor may subcontract with others for any or all of the advertising, promotion and
production of Fantasy Fest, October 2003.
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and verified
by the Tourist Development Council (TOC) 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 eve'lt, SOCe.., shall pay
_{ C.:::>"Tl
$1 00,000. ~ ~2 ~:~ r=
:.lJ :,. :x- J"T1
~e~~ ;g CJ
,,:-' I "Tl
~~?:... N 0
_.. ..-<..' _, :::0
~. ~.
-l ~ ::00
:< (,-) C :?:: ~:';:I
. ;-.,1 -+- ':-_)
C~
:::0
o
Fantasy Fest 2003
..., 0
r-
1 :> c..)
(j1
Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the BDCC.
4. AccountinQ: Financial records of Key West Tourist Development Association pertaining
to this project shall be kept on generally recognized accounting principles and shall be available to
the BDCC 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 BDCC.
6. Termination: This Agreement will be terminated on December 27,2003. All invoices
must be submitted prior to December 27,2003.
7. Non Occurrence of Event: 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.
8. 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
W est Tourist Development Association.
9. 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 material) until satisfactory evidence
of the required insurance has been furnished to the County as specified below. Key West Tou rist
Development Association shall maintain the required insurance throughout the entire duration of 1he
Special Event, and any extensions specified in any attached schedules. Failure to comply with this
provision shall release County of any obligation to compensate
2
Fantasy Fest 2003
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:
* 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
1100 Simonton Street
Room 2-277
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.
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 that shall be maintained throughout the
life of the contract and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket contractual Liability
3
Fantasy Fest 2003
* 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: Key West Tourist Development Association will secure all required permits,
licenses including but not limited to occupational licenses.
11. Laws and ReQulations: 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.
12. Taxes: The SOCC and TDC are exempt from Federal Excise and State of Florida
Sales Tax.
13. Finance Charoes: The SOCC and TDC will not be responsible for any finance
charges.
14. Relation of SOeCrrDC: It is the intent of the parties hereto that 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 saee
and TDC, and the soee and TOC 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: Key West Tourist Development Association shall be required to list any or
all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. Key
West Tourist Development Association shall disclose to the SOCC and TOe all
4
Fantasy Fest 2003
G!ctual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any cl ient's
interest which may conflict with the interest of the SOCC and TDC.
16. AssiQnment: Key West Tourist Development Association shall not assign, transfer or
convey, this agreement or otherwise dispose of its responsibilities under this agreement without prior
written consent of the TDC and SOCC. Key West Tourist Development Association shall retain
responsibility for advertising, promotion and production of the event described in paragraph 2 event if
some or all of the tasks are subcontracted to others.
17. Compliance with laws - Nondiscrimination: 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.
18. Security Protection: Key West Tourist Development Association agrees to provide
adequate security for the event.
19. Ethics Clause: Key West Tourist Development Association warrants that it has not
employed, retained or other wise had act on its behalf, any former County officer 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 riQhts: The TOC 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.
21. LOQo: 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 TOG and County in November 2000. No reimbursement will be provided to those entities
utilizing the old logo/trade mark "Florida Keys & Key West Come as you are".
5
Fantasy Fest 2003
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 Aareement: 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
NORICE Z. JAMeS
Nol8Iy Public - Sta1Ia rA FIorIdlI
.: totyCcllmil8tln Bq:iIlI MBy24,2ID
II Cammml..ion . 0011845.
By NaUonlll Notary AllIn.
Key West Tourist Development Association
--
By
(SEAL
Attest: DANNY L. KOLHAGE, Clerk
President
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~J~ >n ~
By
Mayor/Chairman
By ~~Q. ~5b~
Deputy Clerk
6
Fantasy Fest 2003