Item D22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 17, 2007
Division:
TDC
Bulk Item: Yes -K- No
Department:
Staff Contact PersonlPhone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Key West Tourist Development Association in an amount not to
exceed $115,000 (One Hundred and Fifteen Thousand Dollars - District I allocation = $75,000;
District II allocation = $5,000; District III allocation = $11,500; District IV allocation = $11,500;
District V allocation = $12,000) for Fantasy Fest on October 17-26, 2008
ITEM BACKGROUND:
TDC approved same at their meeting of September 11, 2007
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST:
$115,000
BUDGETED: Yes X No
COST TO COUNTY:
$115,000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes -K- No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty -L OMB/Purchasing-2L-
Risk Management X
DOCUMENT A TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Key West Tourist Contract # - TDC #: 410
Development Association Effective Date: 10/17/07
Expiration Date: ~ 1!31/0C}
Contract Purpose/Description:
Approval of an Agreement with Key West Tourist Development Association in an amount not
to exceed $115,000 (One Hundred and Fifteen Thousand Dollars - District I allocation =
$75,000; District II allocation = $5,000; District III allocation = $11,500; District IV allocation
= $11 500' District V allocation = $12 000) for Fantasv Fest on October 17-26 2008
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 10/17/07 Agenda Deadline 10/2/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 115,000
Budgeted? Yes[g\ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75360-530340- T85M-117-X-530340
117-77030-530340-T87S-117-X-530340
119-79030-530340-189S-148-X-530340
120-70030-530340- T80S-148-X-530340
121-71030-530340-T81S-117-X-530480
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
.~~ 1/;j;l'n yeNSOeedNeodr;:::r ]f~e ..,..--
Division Director F ~ ~
Risk Man"fl?f'ent Cltd- -0 l YesO N00 \ . _ .
e<J ~~\"t1 aJ,~ -~ .
O.M.B./Purch~ing ~/07YesONo0 =::t=-. \~~~
County Attorney 1M, YesO NoG S.Grimsley
Date Out
Comments:
OMB Form Revised 2/27/01 Mep #2
Turn Key Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of
2007, by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and Key West Tourist Development Association a for profit organization
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 $115,000 (One Hundred and
Fifteen Thousand Dollars - District I allocation = $75,000; District II allocation =
$5,000; District III allocation = $11,500; District IV allocation = $11,500; District V
allocation = $12,000) for Fantasy Fest on October 17-26, 2008 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
e). District V - 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. Accountinq: Financial records of Sponsor pertaining to this project shall
be kept according to generally recognized accounting principles and shall be available
Fantasy Fest 2008
FY 2008
Contract #: 410
1
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.
6. Termination: This Agreement terminates on January 31, 2009. All
invoices must be submitted prior to January 31, 2009.
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 it's 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
Fantasy Fest 2008
FY 2008
Contract #: 410
2
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
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.
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.
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.
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:
Fantasy Fest 2008
FY 2008
Contract #: 410
3
* $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.
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 Requlations: 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 Charqes: The COUNTY and TDC will not be responsible for any
finance charges.
14. Relation of COUNTYITDC: 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.
Fantasy Fest 2008
FY 2008
Contract #: 410
4
16. Assiqnment: 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 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 riqhts: 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. 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 Loqo: 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.
Fantasy Fest 2008
FY 2008
Contract #: 410
5
out of County Loqo: 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.
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 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 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. Governinq 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
Fantasy Fest 2008
FY 2008
Contract #: 410
6
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
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Susan Grimsley, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
27. Entire Aqreement: The parties agree that the Agreement above
constitutes the entire agreement between the COUNTY and Event
Sponsor.
28.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
Fantasy Fest 2008
FY 2008
Contract #: 410
MONROE COUNTY ATTORNEY
APPROVpP AS TO FORM:
I '. ,1. )
/} .
. / /. / ~
SUSAN M. G SLEY
ASSIST.ANT COUN ATTORNEY
Date4~ hi. to ).c 7
.;; .
-'7
7
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
(1);{;.(~-<- /ra~~
Print Name: ~b~,-,. f14./7Q~~lQ tJ
Date: 'f !t8jo7
/
Fantasy Fest 2008
FY 2008
Contract #: 410
Key West Tourist Development
Association
By V
preside~//' ' "
j c,,~ {1,J H v'( L,5 \ 1\.4
Print Name c ,/ / 7
Date: 1 I Y , ()
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(2)(". ~,zl L (j1L~
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Print Name:
Date:
8
In-County Loao
The
Floridd Keys
...
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-of-County LOQO
The
Floridd Keys
Fantasy Fest 2008
FY 2008
Contract #: 410
..-
9
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 2008
FY 2008
Contract #: 410
10
EXHIBIT B
(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
home page
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 2008
FY 2008
Contract #: 410
11
EXHIBIT C
(DISTRICT III)
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
home page
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 2008
FY 2008
Contract #: 410
12
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
home page
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 2008
FY 2008
Contract #: 410
13
EXHIBIT E
(DISTRICT V)
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. Place the official TDC Key Largo Logo on all television commercials and print
ads with Tinsley Advertising
8. Placement of official Key Largo logo on all "largest sponsor" promotions and
credits (See #7 and #9 for what largest sponsors get).
9. Placement of official Key Largo logo on the Official Fantasy Fest Guide; 50,000
official Fantasy Fest event brochures; over 200 promotional posters
10. Placement of official Key Largo logo on www.fantasyfest.net. the official Fantasy
Fest Web site. Logo to be displayed under "Silver Sponsors" on the "Sponsors"
page or a better location agreed upon by District V. Logo also includes a link to
www.fla-keys.com/kevla rqo/
11. Permission to link from www.fla-keys.com/keylarQo/ to www.fantasyfest.net
12. All advertising of events to include up to three (3) Key Largo Chamber of
Commerce events
13. Permission for the Key Largo Chamber of Commerce to use the Fantasy Fest
logo on related advertising for their events
14. Ten (10), .30 second radio spots on the official Fantasy Fest information stations
and radio coverage on the day of chamber events
Fantasy Fest 2008
FY 2008
Contract #: 410
14