HomeMy WebLinkAboutItem D3 D3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
May 21, 2025
Agenda Item Number: D3
2023-3987
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT:
N/A
AGENDA ITEM WORDING: Report of Agreements for contracted good and services as previously
approved in the 2024-205 Marketing Plan by the TDC and BOCC.
ITEM BACKGROUND:
The TDC approved the FY 2025 Marketing Plan at their meeting of February 5, 2025. The following
items were approved in the FY 2025-2026 Marketing Plan:
• World Pride
o Drag Performer Agreements (Marketing Plan pages 77 and 93)
■ Donavan Pavlicek
■ Calen David Tomaszewski
■ Dominique Brown
■ Jobie Jacomine
o Ambassador and Activation (Marketing Plan pages 77 and 93)
■ Chris Massicotte
o Sales Shows
■ Incentive Live(Marketing Plan page 97)
The following sales show was approved by the TDC at their meeting of April 10, 2025 and by the
BOCC at their meeting of April 16, 2025:
• Signature Travel Network
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved the FY 2025 Marketing Plan at their meeting of February 19, 2025.
The BOCC approved the additional sales shows not included in the Marketing Plan at their meeting of
April 16, 2025
INSURANCE REQUIRED:
No
1835
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: No action is needed. This is a report to transmit to the BOCC all
agreements for goods and services as needed to implement the approved items in the 2024-2025
Marketing Plan. The TDC approved the FY 2025 Marketing Plan at their meeting of February 5, 2025
and approved additional shows not originally included in the Marketing plan at their meeting of April
10, 2025.
DOCUMENTATION:
Drag Performer Calen David Tomaszewski - Epiphany Get Paid.pdf
Drag Performer Dominique Brown- Sasha Coxx.pdf
Drag Performer Brianlee Donavan Pavlicek - Beatrix Dixie.pdf
VFK and CWM Agreement- Executed.pdf
Incentive Live 2025 AGREEMENT signed.pdf
Signature Agreement and Addendum- Visit Florida Keys Signed
Drag Performer - Jobie—Jacomine.pdf
FINANCIAL IMPACT:
World Pride Activation Agreements:
Sales Show Agreements: 76066 - SC 00066
1836
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Docusign Envelope ID:OC9397E9-68B3-43E6-9933-D56E60038295
f
DRAG PERFORMANCE AGREEMENT
4/23/2025
This Performance Agreement("Agreement") is entered into as of ,by and between the following
parries:
Client: Performer:
3406 North Roosevelt Boulevard Calen David Tomaszewski-Epiphany Get Paid
Corporation d/b/a Visit Florida Keys (VFK)
1201 White St#102 308 Peacon Lane
Key West,FL 33040 Key West,FL 33040
Client Contact-Joshua Cato,305.432.7441 347.784.5738
joshua@fla-keys.com calendavidnyc@gmail.com
i
ENGAGEMENT: The Client hereby engages the Performer to render professional entertainment services in the
form of a drag performance,and the Performer hereby agrees to provide such services under the terms and
conditions set forth herein.
EVENT DETAILS
• Event Type/Name:World Pride Watch Party
• Event Date:June 7h,2025
• Event Location:Franklin Park-Washington,DC
• Performance Time: 12:00 PM-3:00 PM
• Duration of Performance:approx.3 hours of performance to be shared with other performers r
• Performance Requirements: strong stage presence,polished looks,lip-sync or vocal skills,dynamic
movement and an engaging persona that captivates the audience.
COMPENSATION:The total fee for services rendered by the Performer shall be$2,500.00
CANCELLATION POLICY:Should the Performer be unable to fulfill the engagement due to illness,emergency,or
force majeure,the Performer shall notify the Client as soon as reasonably possible and will endeavor to assist in
securing-asuitable-replacement.
TECHNICAL&LOGISTICAL REQUIREMENTS: The Client agrees to provide,at no cost to the Performer:
•- Acce�fooW'snacks,driers,bathrooms and private changing area
• A functioning sound system with capabilities to play digital music i
i
PROFESSIONAL CONDUCT&SAFETY: The Performer agrees to conduct themselves professionally and
respectfully throughout the event.The Client shall ensure a safe and respectful environment free from harassment,
discrimination, or abuse.In the event of unsafe or hostile conditions,the Performer reserves the right to terminate
the performance.
MEDIA&PUBLICITY:The Client(may/may not) record or photograph the performance.Any public use of
images,videos,or the Performer's name/stage name must be approved in writing by the Performer.The Performer
retains all rights to their likeness,branding,and performance materials.
1837
Docusign Envelope ID:009397E9-68B3-43E6-9933-D56E60038295
INDEPENDENT CONTRACTOR STATUS: The Performer is engaged as an independent contractor and is not an j
employee,agent,or legal representative of the Client for any purpose.The Performer shall be responsible for all
taxes and withholdings,if applicable.
ENTIRE AGREEMENT:This Agreement constitutes the entire understanding between the parties and supersedes
all prior negotiations,discussions,or agreements,whether written or oral.Any amendments to this Agreement
must be made in writing and signed by both parties.
VFK is a not-for-profit corporation that supports the Monroe County Tourist Development Council and is funded in
part by the Monroe County Board of County Commissioners (County).
The fallowing provisions are required by law and policy.
The Agreement is a Public Record under Chapter 119, Florida Statutes.The parties agree to comply with Chapter
119,Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes.
Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt
Payment Act. Performer shall submit to VFK invoices with Supporting documentation that are acceptable to the
Monroe County Clerk of Court and Comptroller (Clerk).Acceptability to the Clerk is based on generally accepted
accounting principles and such laws,rules,and regulations as may govern the Clerk's disbursal of funds.
Travel, as approved by VFK, shall be reimbursed to the Performer,but only to the extent and in the amounts
authorized by Section 112.061, Florida Statutes and in accordance with Monroe County Code Chapter 2,Art.
III., Div. 3 and Monroe County Travel Policies.
The County's indemhification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida
Statutes.
Maintenance of Records: Performer shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives,shall have reasonable and timely access
to such records of each other party to this Agreement for public records purposes during the term of the Agreement
and for five years following the termination of this Agreement. If an auditor employed by VFK,the County or the
Clerk determines that monies paid to Performer pursuant to this Agreement were spent for purposes not authorized
by this Agreement, Performer shall repay the monies together with interest calculated pursuant to Sec.55.03; FS,
running from the date the monies were paid to Performer.
Governing Law,Venue,Interpretation,Costs,and Fees: 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__a_dministrative_proceeding is _instituted__for _the enforcement or
interpretation of this Agreement, the Customer and Performer agree that venue shall lie in the appropriate court r
or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing
party shall be entitled to reasonable attorney's fees and court costs,as an award against the non-pre prevailing party,
and shall include attorney's fees and court costs in appellate proceedings. Mediation.proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
1838 '
Docusign Envelope ID:OC9397E9-68B3-43E6-9933-D56E60038295
Nondiscrimination: The Parties agree that there will be no discrimination against any person,and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party, effective the date of the
court order.The Parties agree to comply with all Federal and Florida statutes,and all local ordinances,as applicable,
relating to nondiscrimination.These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964(PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975,as amended(42 USC ss.6101-6107)
which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255),
as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912,ss.523 and
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records;8)Title VIII of the Civil Rights Act of 1968(42 USC s.3601 et seq.),as amended,relating to nondiscrimination
in the sale,rental or financing of housing;9)The Americans with Disabilities Act of 1990 (42 USC s.12101 Note),as
maybe amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code
Chapter 14, Article I1, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry,sexual orientation,gender identity or expression,familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement.
Public Records Compliance. Performer must comply with Florida public records laws,including but not limited
to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida.VFK and Performer shall
allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public
record"materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and
made or received by the Customer and Performer.in conjunction with this contract and related to contract
performance. The Customer shall have the right to unilaterally cancel this contract upon violation of this provision
by Performer.Failure of Performer to abide by the terms of this provision shall be deemed a material breach of this
contract and the Customer
may enforce the terms of this provision in the form of a court proceeding and shall,as a prevailing parry,be entitled
to reimbursement of all attorney's fees and costs associated with that proceeding.This provision shall survive any
termination or expiration of the contract.Performer is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec.768.28,Florida Statutes,the participation of the
Customer and Performer in this Agreement and the acquisition of any commercial liability insurance coverage,self-
insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity
to the extent of liability coverage.
Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms,or any of them,of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder,and VFK and the Performer agree that neither the Customer nor the Performer
or any agent,officer,or employee of either shall have the authority to inform,counsel,or otherwise indicate that any
particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement r
separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement
of any member,officer,agent or employee of VFK in his or her individual capacity,and no member,officer,agent or
1839
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Docusign Envelope ID:OC9397E9-68B3-43E6-9933-D56E60038295
employee of VFK shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
E-Verify System- In accordance with F.S. 448.095,Any Contractor and any subcontractor shall register with and
shall utilize the U.S. Department of Homeland Security,.s E-Verify system to verify the work authorization status of
all new employees hired by the Performer during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees
hired by the subcontractor during the Agreement term.Any subcontractor shall provide an affidavit stating that the
subcontractor does not employ,contract with,or subconstruct with an unauthorized alien. Performer shall comply
with and be subject to the provisions of F.S.448.095
Non-Collusion Affidavit-Performer by signing this Agreement,according to law on my oath,and under penalty
of perjury, depose and say that the person signing on behalf of the firm of Performer, the bidder making the
Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority
to do so;the prices in this bid have been arrived at independently without collusion, consultation, communication
or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder
and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder
or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the
statements contained in this affidavit are true and correct, and made with full knowledge that VFK and Monroe
County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.
Indemnification and Hold Harmless-The Performer covenants and agrees to indemnify and hold harmless VFK,
the Monroe County Tourist Development Council, Monroe County and Monroe County Board of County
Commissioners, its officers and employees from third party liabilities, damages, losses and reasonable costs,
including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONTRACTOR,subcontractor(s)and other persons employed or utilized by the
CONTRACTOR in the performance of the contract.The extent of liability is in no way limited to,reduced,or lessened
by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the
expiration or early termination of the Agreement.
IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first written above:
Signed by
X -- -
/'j — — — 6543C92D941A4F3...
Diane Schmidt Calen David Tomaszewski
Chairperson Epiphany Get Paid
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Docusign Envelope ID:46030A8D-F123-444D-A59D-1EC969AE437E
DRAG PERFORMANCE AGREEMENT
4/15/2025
This Performance Agreement("Agreement'l is entered into as of ,by and between the following
parties:
i
Client: Performer:
3406 North Roosevelt Boulevard Dominique Brown-Sasha Coxx
Corporation d/b/a Visit Florida Keys(VFK)
1201 White St#102 2423 Patterson Ave
Key West,FL 33040 Key West,FL 33040
i
Client Contact-Joshua Cato,305.432.7441 305-902-8763
joshua@fla-keys.com askporta11119yahoo.com
ENGAGEMENT: The Client hereby engages the Performer to render professional entertainment services in the
form of a drag performance,and the Performer hereby agrees to provide such services under the terms and
conditions set forth herein.
EVENT DETAILS
• Event Type/Name:World Pride Watch Party
• Event Date:June 7th,2025
• Event Location: Franklin Park-Washington,DC
• Performance Time: 12:00 PM-3:00 PM
• Duration of Performance:approx.3 hours of performance to be shared with other performers
• Performance Requirements:strong stage presence,polished looks,lip-sync or vocal skills,dynamic
movement and an engaging persona that captivates the audience.
COMPENSATION:The total fee for services rendered by the Performer shall be$2,500.00
CANCELLATION POLICY:Should the Performer be unable to fulfill the engagement due to illness,emergency,or
force majeure,the Performer shall notify the Client as soon as reasonably possible and will endeavor to assist in 1,
securing a suitable replacement.
TECHNICAL&LOGISTICAL REQUIREMENTS:The Client agrees to provide,at no cost to the Performer:
• Access to food/snacks,drinks,bathrooms and private changing area
• A functioning sound system with capabilities to play digital music
PROFESSIONAL CONDUCT&SAFETY:The Performer agrees to conduct themselves professionally and
respectfully throughout the event.The Client shall ensure a safe and respectful environment free from harassment,
discrimination,or abuse.In the event of unsafe or hostile conditions,the Performer reserves the right to terminate
the performance.
MEDIA&PUBLICITY:The Client(may/may not) record or photograph the performance.Any public use of
images,videos,or the Performer's name/stage name must be approved in writing by the Performer.The Performer
retains all rights to their likeness,branding,and performance materials. 1841
i
I
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Docusign Envelope ID:46030A8D-F123-444D-A59D-1E0969AE437E
INDEPENDENT CONTRACTOR STATUS: The Performer is engaged as an independent contractor and is not an
employee,agent,or legal representative of the Client for any purpose.The Performer shall be responsible for all
taxes and withholdings,if applicable.
ENTIRE AGREEMENT:This Agreement constitutes the entire understanding between the parties and supersedes
all prior negotiations,discussions,or agreements,whether written or oral.Any amendments to this Agreement
must be made in writing and signed by both parties.
VFK is a not-for-profit corporation that supports the Monroe County Tourist Development Council and is funded in
part by the Monroe County Board of County Commissioners (County).
The following provisions are required by law and policy.
The Agreement is a Public Record under Chapter 119, Florida Statutes.The parties agree to comply with Chapter
119,Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes.
Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt
Payment Act. Performer shall submit to VFK invoices with Supporting documentation that are acceptable to the
Monroe County Clerk of Court and Comptroller (Clerk).Acceptability to the CIerk is based on generally accepted
accounting principles and such laws,rules,and regulations as may govern the Clerk's disbursal of funds.
Travel, as approved by VFK,shall be reimbursed to the Performer,but only to the extent and in the amounts
authorized by Section 112.061, Florida Statutes and in accordance with Monroe County Code Chapter 2,Art.
III., Div. 3 and Monroe County Travel Policies.
The County s indemhification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida
Statutes.
Maintenance of Records: Performer shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives,shall have reasonable and timely access
to such records of each other party to this Agreement for public records purposes during the term of the Agreement
and for five years following the termination of this Agreement. If an auditor employed by VFK,the County or the
Clerk determines that monies paid to Performer pursuant to this Agreement were spent for purposes not authorized
by this Agreement, Performer shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS,
running from the date the monies were paid to Performer.
Governing Law,Venue,Interpretation,Costs,and Fees: 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 this Agreement, the Customer and Performer 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.
Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing
party shall be entitled to reasonable attorney's fees and court costs,as an award against the non-pre prevailing party,
and shall include attorney's fees and court costs in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
1842
i
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Docusign Envelope ID:46030ABD-F123444D-A59D-lEC969AE437E
Nondiscrimination: The Parties agree that there will be no discrimination against any person,and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this
Agreement automatically terminates without any further action on the part of any party, effective the date of the
court order.The Parties agree to comply with all Federal and Florida statutes,and all local ordinances,as applicable,
relating to nondiscrimination.These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964(PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss,1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975,as amended(42 USC ss.6101-6107)
which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),
as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912,ss.523 and
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records;8)Title VII[of the Civil Rights Act of 1968(42 USC s.3601 et seq.),as amended,relating to nondiscrimination
in the sale,rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s.12101 Note),as
maybe amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry,sexual orientation,gender identity or expression,familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement
Public Records Compliance. Performer must comply with Florida public records laws,including but not limited
to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida.VFK and Performer shall
allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public
record"materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and
made or received by the Customer and Performer in conjunction with this contract and related to contract
performance. The Customer shall have the right to unilaterally cancel this contract upon violation of this provision
by Performer.Failure of Performer to abide by the terms of this provision shall be deemed a material breach of this
contract and the Customer
may enforce the terms of this provision in the form of a court proceeding and shall,as a prevailing party,be entitled
to reimbursement of all attorney's fees and costs associated with that proceeding.This provision shall survive any
termination or expiration of the contract Performer is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec.768.28,Florida Statutes,the participation of the
Customer and Performer in this Agreement and the acquisition of any commercial liability insurance coverage,self-
insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity
to the extent of liability coverage.
Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms,or any of them,of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder,and VFK and the Performer agree that neither the Customer nor the Performer
or any agent,officer,or employee of either shall have the authority to inform,counsel,or otherwise indicate that any
particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement
No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement
of any member,officer,agent or employee of VFK in his or her individual capacity,and no member,officer,agent or
1843
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Docusign Envelope ID:46030A8D F123-444D 59 D-1EC969AE437E
employee of VFK shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
E-Verify System - In accordance with F.S.448.095,Any Contractor and any subcontractor shall register with and
shall utilize the U.S.Department of Homeland Security's 1'-Verify system to verify the work authorization status of
all new employees hired by the Performer during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Hornel and SeCLH-itV'S FWerify system to verify the work authorization status of all new employees
hired by the subcontractor during the Agreement term.Any subcontractor shall provide an affidavit stating that the
subcontractor does not employ,contract with,or subconstruct with an unauthorized alien.Performer shall comply
with and be subject to the provisions of F.S.448.095
Non-Collusion Affidavit-Performer by signing this Agreement, according to law on my oath, and under penalty
of perjury, depose and say that the person signing on behalf of the firm of Performer, the bidder making the
Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority
to do so;the prices in this bid have been arrived at independently without collusion,consultation,communication
or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder
and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,to any other bidder
or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the
statements contained in this affidavit are true-and correct, and made with full knowledge that VFK and Monroe
County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.
Indemnification and Hold Harmless-The Performer covenants and agrees to indemnify and hold harmless VFK,.
the Monroe County Tourist Development Council, Monroe County and Monroe County Board of County
Commissioners, its officers and employees from third party liabilities, damages, losses and reasonable costs,
including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONTRACTOR,subcontractor(s)and other persons employed or utilized by the
CONTRACTOR in the performance of the contract.The extent of liability is in no way limited to,reduced,or lessened
by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the
expiration or early termination of the Agreement.
IN WITNESS WHEREOF,the,undersigned have executed this Agreement as of the date first written above:
Signed by:
X ! /a�//Jai X �.. .
[OF3481ESF261466..,
Diane Schmidt Dominique Brown 4/15/21025
Chairperson Sasha Coxx
1844
Docusign Envelope ID:D49E1 BDE-D518.42CB-6C18-E930EB26F030
DRAG PERFORMANCE AGREEMENT
4/16/2025
This Performance Agreement("Agreement'l is entered into as of— ,by and between the following
parties:
Client: Performer:
3406 North Roosevelt Boulevard Brianlee Donavan Pavlicek-Beatrix Dixie
Corporation d/b/a Visit Florida Keys (VFK)
1201 White St#102 825 Eaton St.Apt D
Key West, FL 33040 Key West, FL 33040
Joshua Cato,305.432.7441 305.906.2235
joshua@fla-keys.com bdixie@aquakeywest"com
ENGAGEMENT: The Client hereby engages the Performer to render professional entertainment services in the
form of a drag performance,and the Performer hereby agrees to provide such services under the terms and
conditions set forth herein.
EVENT DETAILS
• Event Type/Name:World Pride Watch Party
• Event Date:June 7th,2025
• Event Location: Franklin Park-Washington, DC
• Performance Time: 12:00 PM-3:00 PM
• Duration of Performance:approx.3 hours of performance to be shared with other performers
• Performance Requirements:strong stage presence,polished looks;lip-sync or vocal skills,dynamic
movement and an engaging persona that captivates the audience.
COMPENSATION:The total fee for services rendered by the Performer shall be$2,500.00
CANCELLATION POLICY: Should the Performer be unable to fulfill the engagement due to illness,emergency,or
force majeure, the Performer shall notify the Client as soon as reasonably possible and will endeavor to assist in
securing a suitable replacement.
TECHNICAL&LOGISTICAL REQUIREMENTS: The Client agrees to provide,at no cost to the Performer:
• Access to food/snacks,drinks,bathrooms and private changing area
• A functioning sound system with capabilities to play digital music
PROFESSIONAL CONDUCT&SAFETY: The Performer agrees to conduct themselves professionally and
respectfully throughout the event.The Client shall ensure a safe and respectful environment free from harassment,
discrimination,or abuse.In the event of unsafe or hostile conditions,the Performer reserves the right to terminate
the performance.
MEDIA&PUBLICITY:The Client(may/may not) record or photograph the performance.Any public use of
images,videos, or the Performer's name/stage name must be approved in writing by the Performer.The Performer
retains all rights to their likeness,branding,and performance materials. 1845
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INDEPENDENT CONTRACTOR STATUS: The Performer is engaged p ed as an independent contractor and is not an
employee,agent,or legal representative of the Client for any purpose.The Performer shall be responsible for all
taxes and withholdings,if applicable.
ENTIRE AGREEMENT:This Agreement constitutes the entire understanding between the parties and supersedes
all prior negotiations,discussions,or agreements,whether written or oral.Any amendments to this Agreement
must be made in writing and signed by both parties.
VFK is a not-for-profit corporation that supports the Monroe County Tourist Development Council and is funded in
part by the Monroe County Board of County Commissioners(County).
The following provisions are required by law and policy.
The Agreement is a Public Record under Chapter 119, Florida Statutes.The parties agree to comply with Chapter
119,Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes.
Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt
Payment Act. Performer shall submit to VFK invoices with Supporting documentation that are acceptable to the
Monroe County Clerk of Court and Comptroller (Clerk).Acceptability to the Clerk is based on generally accepted
accounting principles and such laws,rules,and regulations as may govern the Clerk's disbursal of funds.
Travel,as approved by VFK, shall be reimbursed to the Performer,but only to the extent and in the amounts
authorized by Section 112.061, Florida Statutes and in accordance with Monroe County Code Chapter 2,Art.
III., Div. 3 and Monroe County Travel Policies.
The County's indemhification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida
Statutes.
Maintenance of Records: Performer shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives,shall have reasonable and timely access
to such records of each other party to this Agreement for public records purposes during the term of the Agreement
and for five years following the termination of this Agreement. If an auditor employed by VFK, the County or the
Clerk determines that monies paid to Performer pursuant to this Agreement were spent for purposes not authorized
by this Agreement, Performer shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS,
running from the date the monies were paid to Performer.
Governing Law,Venue,Interpretation,Costs,and Fees: 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 this Agreement, the Customer and Performer 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.
Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees and court costs,as an award against the non-pre prevailing party,
and shall include attorney's fees and court costs in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
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a
Nondiscrimination: The Parties agree that there will be no discrimination against any person and it is expressly y
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this
Agreement automatically terminates without any further action on the part of any party, effective the date of the
court order.The Parties agree to comply with all Federal and Florida statutes,and all local ordinances,as applicable,
relating to nondiscrimination.These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964(PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975,as amended(42 USC ss.6101-6107)
which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255),
as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912,ss.523 and
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records;8)Title VIII of the Civil Rights Act of 1968(42 USC s.3601 et seq.),as amended,relating to nondiscrimination
in the sale,rental or financing of housing;9)The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note),as
maybe amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry,sexual orientation,gender identity or expression,familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement.
Public Records Compliance. Performer must comply with Florida public records laws,including but not limited
to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida.VFK and Performer shall
allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public
record"materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and
made or received by the Customer and Performer in conjunction with this contract and related to contract
performance. The Customer shall have the right to unilaterally cancel this contract upon violation of this provision
by Performer.Failure of Performer to abide by the terms of this provision shall be deemed a material breach of this
contract and the Customer
may enforce the terms of this provision in the form of a court proceeding and shall,as a prevailing party,be entitled
to reimbursement of all attorney's fees and costs associated with that proceeding.This provision shall survive any
termination or expiration of the contract.Performer is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec.768.28,Florida Statutes,the participation of the
Customer and Performer in this Agreement and the acquisition of any commercial liability insurance coverage,self-
insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity
to the extent of liability coverage.
Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms,or any of them,of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder,and VFK and the Performer agree that neither the Customer nor the Performer
or any agent,officer,or employee of either shall have the authority to inform,counsel,or otherwise indicate that any
particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement
of any member, officer,agent or employee of VFK in his or her individual capacity,and no member,officer,agent or
1847
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i
employee of VFK shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
E-Verify System - In accordance with F.S.448.095,Any Contractor and any subcontractor shall register with and
shall utilize the U.S.Department of Homeland Security's l a-Verify system to verify the work authorization status of
all new employees hired by the Performer during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Home and Security's C-Verify system to verify the work authorization status of all new employees
hired by the subcontractor during the Agreement term.Any subcontractor shall provide an affidavit stating that the
subcontractor does not employ,contract with,or subconstruct with an unauthorized alien. Performer shall comply
with and be subject to the provisions of F.S.448.095
Non-Collusion Affidavit-Performer by signing this Agreement, according to law on my oath,and under penalty
of perjury, depose and say that the person signing on behalf of the firm of Performer, the bidder making the
Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority
to do so;the prices in this bid have been arrived at independently without collusion, consultation,communication
or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder
and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,to any other bidder
or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the
statements contained in this affidavit are true and correct, and made with full knowledge that VFK and Monroe
County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.
Indemnification and Hold Harmless-The Performer covenants and agrees to indemnify and hold harmless VFK,
the Monroe County Tourist Development Council, Monroe County and Monroe County Board of County
Commissioners, its officers and employees from third party liabilities, damages, losses and reasonable costs,
including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONTRACTOR,subcontractor(s)and other persons employed or utilized by the
CONTRACTOR in the performance of the contract.The extent of liability is in no way limited to,reduced,or lessened
by the insurance requirements contained elsewhere within this agreement This indemnification shall survive the
expiration or early termination of the Agreement
IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first written above:
F
ed by:
79BDUABQS..
Diane Schmidt Brianlee Donavan Pavlicek 4/16/2025
Chairperson Beatrix Dixie
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Between the 3406 North Roosevelt bled corporation d jb f a Visit Florida Keys and.Chris
Massicotte
r Nbe s
This agreementis entered into byand betweens
3406 North Roosevelt Blvd corporatian d fb/a Visit Florida Keys(VFK)'
and,
Chris Massicotte,an individual contractor located at:
1615 Laird Street
Key West,FL.3340;
Elmail:chris.massicotte grnail.com
Phone:3'05.39 -1108
kope of iA "
As the LGBTQt Ambassador to 1P orldPride 2025 on behalf of the"VFK"and Key West
Business Guild(MEG) Chris`Massieotte agrees to perform the fbilowing services to
promote The Florida Keys and<Key"W st'
1, Booth Devel Vment and Management
Design a visually engaging booth f6aturiag the inclusive culture: tad offerings of The
Florida Keys and Key West
Develop content and materials that highlight"attractions,hG8TQ+friendly businesses,and
events,,
•'Include;intez ctive"elements such as virtual tours and cultural showcases
*Enable data,collection through QR codes and slgnups.
•'T`rain on-site staff and volunteers,.from The Florida;keys and key West
Parade Coordination
•Collaborate with KWBG to develop an authentic an4 vibe ntparade theme
•Oversee float design;participant coordination,a"tid compliance
•Organize rehearsals to ensure a polished presentation'. ....
3. Media,Engagements and Social Media
•Draft press releases to promote the participation;of The Florida Keys,and Key West at
Wor ldPride,
•Coordinate media outreach with outlets in the Keys and Washington,D.C;
4 implement a social media plan with live coverage,Content creation;and.audience
engagement
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This is a'not-tag-exceed agreement.Actual billing will.reflect hours worked,invoiced at
$175/hour.,This agreement is retroactively effective to March 1,2025:
This agreement coversonly'the services of Chris Massicoge,
The only direct expense to be reimbursed'is;transportation to and from trllas.h ngton D.C..
Month Estimated Hours Rate Estimated Cost
.March 10 hrs $175 lour' $1,750
April,, 12 hrs $175 our; $21100
Ma 12 firs, $175`:hour $2,100
Tune 26 hrs $175' our $4,55-0
TOTAL $101 00
VFk reserves the right to append Its standard Terms and Conditions as an addendum to
tfiis agrement.`Botfi parties agree to.work in goad with to uIfitl the scope as outlined
above and make'adjustiments,as needed,to best serve the goals of the VFX and the Florida
Keys community.
Signatures
Chris MasskOtte A
Signature, 4� A,54--
Tate:
Visit Florida Keys Chairperson
Name-, O he—
5i tIe �V n
Signature:
Date, a`�
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Addendum
VIFK Contract
Terms and Conditions
3406'North'Roosevelt Blvd.Corporation d/b/a'Visit Florida Keys(herein after `'VFK`'or"
Custo mer")and Chris Massicotte(Herein air"'Chris Ma sicotte"or,"Contractor")agree as set
forth below.
VFK and Chris Massicotte hereby enter into this addendum to the Activation Agreement with
Chris MAssicotte(`Agreemenf).and,agrees to the fal lowin n
The Agreement includes and incorporates the Activation Agreement and this Addendum.
V1t K is a not-for-profit corporation that supports the Monroe County Tourist Devclopmcnt Council
and is funded in part by the Monroe County Board oFCount�°Commissioners (Cc�unt�,V)•-
The fallowing provisions are required by law and policy.,,
The Agreement is a Public Record under Chapter 1119, Florida Statutes.. The parties agree t
comply with Chapter 119,Florida Statutes.-
Payment will be made in accordance with the Local Government Prompt F'ayrnent.Act, 18.10
Florida Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the
Local Government Prompt'Paymcnt Act.Contractor shall submit te'4 K invoices with Supporting
documentation that are.acceptable to the Monroe County Clem of Court rind Comptroller(Clerk)`;
Acceptability to the Clerk- is based on generally accepted accounting principles,and such laws,
rules, and regulations as may govern the Clerk's disbursal of funds.
Travel, as approved by 'VFK, shall be:reimbursed',tcr the CONSULTANT. but only to the
extent and in the amounts authorized by Section 11 .061, Florida Statutes and in accordance
with Monroe County Code Chapter 2 Art. Ili., Dior, 3 and Monroe County Travel Policies.
The County"s indemnification is limited and subject to the sovereign'immunity provisions of Sec.
765.21,Florida Stataate .
Maintenance of Records: Contractor shall maintain all books,records, and documents;directly
pertinent to performance tinder this Agreement in accordance'with generally accepted accounting
principles consistently applied. Fch party to this Agreement or their authorized representatives,
shall have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during, the terra of the. Agreement and for five years<following the
termination of this Agreement.If an auditor employed by V K the County or the Clerk determines
that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized
l
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by this Agreement,Contractor shall repay the monies together with interest calculated pursuant to
cce .55.03.1 FS,running from the date the monies were;paid to Contractor._
Governing taw, Venue,; rater retation, Costs, and Fees: This .Agreement shall be governed
by and construed in accordance with the laws of estate of Florida applicable to;contracts made
aril to be performed entirely in the State, In the event that any'eause of action or administrative
proceeding,is instituted for the enforcement or interpretation of this Agreement, the Customer
and Contractor 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.
Attorney's Fees :and Carts: The: Parties agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation ofthl -Agreement,the prevailing pd ty:shall N entitled to reasonable attorney's fees'
and court casts,as an award against the non-pre prevailing;party, arrd shall include attorn y,s fees
and.court casts in appellate proceedings., Mediation proceedings initiated and conducted pursuant.
to this Agreement Aall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of monroe County.
Nondiscrixnilnatioa:. The Parties agree that there will be no discrimination against any'p rson;
and it is eXpressly understood that upon a determination by a,court,of c om .ete.0 jurisdittion than
discrimination has occurred, this Agreement automatically terminates withwt.any further action
ores the part of any p6rty,efeLti e the data;of the court order. The Parties agree to comply with all
Federal and Florida statutes,and all local ordinances, as applicable, relating to nondiscrimination,
These include but are not limitc:r3: to. 1) Title VII. of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of races.color or national origin; 2) Title-IX of the
Education Amendment of 1972 as amended (20 U aC ss.1681-1683, and 1685`-1686), which
prohibits discrimination on the basis of set:, 3) Section 5,04 of the Rehabilitation Act of 1973. a
amended (;0`USC s. 794) which prohibits discrimination on the basis of handica s: 4)The Age
Discrimination Act of 1975. as amended',(421.1 C ss. 6101-6107)which prohibits,.discrimination
on the basis of age; 5) I lie Drug Abuse Office and .Treatment Act of 1912 (PL 92-255), as
amended,relating to nondiscrimination on n the basis of drug abuse:,6)'The Comprehensive Alcoht l`
Abuse and ,Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pt. 91-616), as
amended,relating to nondiscrimination can the basis or alcohol abuse or alcoholism 7)The Public
Health erviee Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 2 0ee-3)., as amended,
relating to confidentiality of alcohol and drug abuse-patient records, 8) Title Vlll of the Civil
Rights Act of 1968( 2 USC s.3601 et se.q.),as,ar ended,relating to nondiscrimination in.the sale,
rental or financing of housing;9)The Americans with Disabilities Act of 1990(42 USC s. 12101
Note), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14a.Article 11,which prohibits discrimination on.the
basis of race,color; sex, religion, national origin, ancestry, sexual orientation, gender identity or
expressirrn, familial status or age4 11) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to-the parties to,or the saabject.matter of,this Agreement.
Public Records Compliance. Contractor rnUst comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes' and Section 24 of article I of the
Constitution of Florida. VFK and Contractor-shall allow and permit reasonable access to, and
2
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inspection cif; all documents, records, a ers letters or ether, "Oublic record materials in its
p pp
possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made
or received by the Custormcr and Contractor in cOnjcrnction with this dontract and reldtcd to contract'
performance. The Customer shall.have the right to unilaterally cancel this contract upon violation
ofthis provision by Contractor. Failure of Contractor to abide by the terms of this provision shall
be deemed a material breach of this contract and the Customer may enforce the terms of this
provision in the form of a court prcac eclin .and shall;. as a Prevailin party; be entitled tea; I
reimbursement of ail attorriey's fees and costs associated with that pr eeeding,This provision.shall
survive any termination or expiration of the contract. `.ontraetor is encouraged to consult with its
advisors about Florida PublicRec:ords Law in order to comply with—this provision..
Non-WaWer oiimmunity, Notwithstanding the previsions of Sec.768.28, Florida Statutes.the
participation of the Customer* and Contractor in this Agee emont and the acquisition of any j
,cot,, ercial'_liabi.lity insurance coverage, self-insurance eoverage, or local government liability'
insurance pool coverage shall nest be deemed a waiver of'immunity to the extent of'liability
coverage.
Non-Reliance by Non-Parties; No person or entity shall be entitled to rely upon'the terms,or any.
of them,of this A�reerrrent to enfo rce car attempt to enforce arty third-party claim or entitlement to
or benefit of any service or prograrn contemplated hereunder. and VFK and the Contractor agree
that neither the Customer.not the Contractor or any agent,officer,or em loyee of either shall have
the authority-to inform, counsel, or otherwise indicate that.any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to,or superior to the community in' enc al or for the purposes.contem lat d in this
Agreement.
i
No vrsonal MaW itv, No covenant car agreement contained herein shall be deemed to be a
covenant or agreement of'any member.,officer,aunt or employee of'VFK in his or her individuat
capacity, and no rrtenrabel, o ccr, agent or employee',of VFK shall be liable personally on this.
Agreement r be subject to any personal liability or accountability by reason of the execution of
this Agreement.
&Veri€y System - In accordance with F.S. 449,095,Any Contractor and any subcontractor shall.
register with and shall utilize the U.S. Deparunent of lloirieland sx:urity's F-Verify s stein to
verify the work authorization status of all new employees hired by the Contractor luring the term;
of the Contract and shall expressly require any subcontractors performing; work or providing
services pursuant to the Contract to likewise utilize the U,S.Department ofl loincl�irid°security"
l2--Verify system to verify the 'work. authorization status. of all rtew ernplo ee hired by the
subcontractor during the Agreement term.Any subcontractor shall provide an affidavit stating that
the subcontractor does neat employ, contract with: or subconstruct with an unauthorized alien.
Contractor shall comply with and be subject to'the provisions of F.S.448.095
I
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1853
Eton-Collusion Affidavit-Contractor by sign dg this Agreement,according to law an my oath;
and under penalty of perjury, depose and say that the person signing on behalf of the Firm of
Contractor,the bidder making the Proposal for the project described';in the Scope of`4'�ork and
that I executed the said proposal with full authority to do. sct;;,the,prices in this bid have been
arrived at independently without collusion,co.nsultation,communication or agreement for the
purpose of restricting competition,as to arty matter relating to such prices with any other bidder
rtr with arry. arrapetitor;unless otherwise regtaired by ,law,,the prices which have been gvotcd in
this bid have not been know.in ly.disclosed by the bidder and will not knowingly he disclosed by
th' binder prior to bid opening,directly or indirectly,to any other bidder or to any competitor;
and no attempt has beery.made or wilI be made by the bidder to induce any lather person;
partnership or corpbration,to subtrri#,or,not,#oubrnit,.a bid for the purpose of restricting;;
competition;the statements contained in this affidavit are true and correct.and made with full'
knowledge that'VFK and Monroe County relies uponthe truth of the statements contained in this
affidavit in awarding contracts fbr:said project;
Indemnification and Hold Harmless-The CONTRACTOR covenants and agrees.to indettanify
and hold harriildss"VFK,the Monroe County Tourist Development Council,Monroe County and
Monroe County Board Of County Coat missioners, its officers and employees frown third party
liabifities,c arnages.losses:and reasonable casts, including but not limited to, reasonable
attorneys' fees.to the extent caused by the negligence;,recklessness,or intentional Wrongful
conduct of the CONTRACTOR,CTOR,;suboo itractor(s)WW outer persona employed or utilized by the
CONTRACTOR in the performance of`the contract. The extent of liability is in Oo,way limited
to,reduced,or lessened by the insurance requirements contained:elsewhere within this
agreement. This indemnification shall survive the expiration or early termination of'#lyd
Agreement.
f dr trac r)
Signature
4
Titil
ate
44
° 1854 ,1
AGREEMENT
TRAVEL GROUP The Florida Keys& Key West-Incentive Live 2025
Send To Date 3/26/2025
3406 North Roosevelt Blvd Corp. DBA Visit Florida Estimate# 24117
Keys
1201 White Street
Suite 102 Expires 5/25/2025
Key West FL 33040
United States
PO# Sales Rep Memo
Shalise Demott
Summary Detail
Incentive Live 2025,June 8-10, Puerto Rico
includes registration, education, networking, and event F&B(accommodations not included)
Subtotal $7,500.00
Tax Total $0.00
Total $7,500.00
i �u0lu a iNii uuua� 41 i um immi im i1f�m�rRWuWu... IIEd�hf® 1��� � iu��iu lu�illVi ium mi �i
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Northstar'+- AGREEMENT
TRAVEL GROUP The Florida Keys & IKey West-Incentive Live 2025
f/We hereby confirm our order for the products specified above and agree to pay the appropriate amounts according to the
billing schedule.I/we have read, understood and agree to comiply fully with the Terms and Conditions governing this order
which can be viewed and downloaded at; https://www.northstartravelgroup.com/about-us/advertising-terms-and-conditions/
Customer 803517 The Florida Keys&Key West Diane Schmidt
Title TDC Board Chairperson
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1856
Terms & Contlitions,
I (a) "CZAt"means Me applicza,rrt i1dowitified on die Unit herekif, (b) "'Eveia"nicans,the,
specific expoistons or Events idendRed on il)c° front hereof; (c) rneans Notititstai-rravel
Media 1-1-C, its respecdve agenw, empk)),ecs, a ffi I ia ties,is ucc es sors and assigns; (d) "Venue inanagentent"
means the owner or matwiger of le NO HW in wh1h Me is, and its erriployees and iagerits-,
(e) "U'eirrie"rneans die facifity in which the Event is condUded; (f) "Agreentent" means, the App]ication
to vidich di Tenris & Covditbra rchatc,,oxl al I pmper arnen4ments, stippletirients and adden.d;a hereto and
On now; and (S)an "q1,jiflaire"'ol:", on a.person "qlfiflased"%ith, a sped Red person, is, a pQrson that dfi'Qcfly,
or indirectly through one on imse intermediaries, controls, or is,,controlled by, or is under cornniori conilnA
with, dw person specified.
2. of Client: "His apphcaition,whert pt(.')perly exectited by Client and up<m
written acceptance by Managerrien, shall constAte a vand and binding ficensic agrectrient for Cfients
panicipaition in the Event- kilanagernent reserves the right to inteilm-et this, Agreerrient i u') 'a,d(,')p11 funher
regWaGmy as rnay be deerned necessary by it fbir be gowrial smcas of the Event, including (%vithout
fi�niitation) the conditions, rUlc!S arid regulalms mated hadl, in any Kent Senlice Manua] 01-SpOnSAYI-ShAp
NUTetiiats associated wid) lbe EAieni, and in the Venue Managerrwnt contract, to, wbich klan,ageirtent is or
will be a parly,all of which are niade a part herclof as though RWy hwomarated herein,and the Client agrees,
to be bound thereby. NvIanagernen; in A sole Auction, detc�rntinesi whetbe-r as prospective sttppher is
efigible to participate in the E'vent and reserves die right to,accept or refuse any application fim-pail icipat ion
in flhe EVenit in its Nole discreHorl. Eligibility is generally firnited, to persons or firms that supply products
andior services to the EvcnVs targetal attendee market. Management reserves the right to restrict or remove
any d6pWy At khmagernern, in its sole discretion, befieves, is, objectionable or inappr(.)priate'
1.jj&_ - If(Thent uses an adverbs,ing apmcy to eXCCUte Lhe.Agrecnand or to makei paynaent
on bichalf of Chat, be adveAking agency, and (Aient sl,iiall bejoinfly and severally hable For all arrionnts
tfue and payable to Management for the, Event ordered. A. 509,"o, dqo,�,dt nikust a(,eornpany 15lienk
up0icMRm. Minzgernent %111 imake Chun A dw b0ani dU0, such aniount to be paid not later tNuain 60
dqs primo We scheduled opening of Ge WIL Except as pri Ii all irtoniies paid by(Aielu Sli all
be demned fully earned and at dw tirne of payment.
Rates, fir partnerships, sponsorships and/or presentations are based on pmAdpation in be Event
and relzited prolflo Lions, are set AT on the application and are guaranileod only for the coninact. period.
Rates, appearing (m the application are net are not suNhict to aidvertNing aunty cornmissions. Rati�,s are,
subject 10 ChInge upon ]U)tiCe fi.-0111. Management; provided, Client may eirricell the Agreement with(nit
penally by no is to,Nianagernent pdor to Me We the raw change becomes eRbAvc,
4, Clism Conducl, Nillanagernent respects dw rWbm Will suplAier and ven&ns to pa ic an
d market
fh6r product,�', base d up on 6cts and the n stregths (A" their business, pro,dWs and custorner service.
Management therefore %vill strictly enfiwice as Coide ofCondittict that, says any cornplaints lr(,')in aut,ndees,
where they have beert uWhdy treawd by as sqVheq %A! be hwes6gxtee by ManagQrnew and may re h in
*iction, froin the L.,,vent and J'brfieiture of payment of Agremmmit fees paid, NeEpative or non-factual
smMmems by (we sVpher regarding other RVphiers or dwir prc�ldims "Pill receive Ow same wamhWis aml
ReMmeM as predou4y stator al.
ramunnamtiamuvarl MgpiJ and s, Chent matedials (e.g., photo"S, video, logos, iniagp.s, text), not reQ,.ivied by
Marugerrieril's pmduedon depadment by stated deadfines cannrot be quality cheeked and will not be errulled,
1(�i approval or revi�,,ion by Client and may result in Management publisIring, existirig, rnateriat to f0ifill
promotion (xi- Client% fibr1hure of Me underlying promwition in which case Client will receive, no refund
4830 L 117 0135.4
1857
for such f"orfiaited promothn. Extensions, are granted only i.fdone expressly in writing Ihy Management,,
01wr prodahon r"piremants IN Pwrnotons are set SO in the Event';, Pro dwOn ReQuenums awl
Seliedule-
6. Posithnino of Mit parmcnWI)and sponsorship localknis and
online positioning of Chient proniotions is at die sole discretion of NlanagernenL except when all
arratq.9,etneti.t fin as specific prefet"red position is apprxwed by Martagetiient in,writing, Management reserves
the light to decHne,pru,hibh or expel tiny Client advertising inatefial and solicitations of any sort that in it.
judgment, is inappropriate or out of keephg m4th the ebaracter of the Event, Cl ient shal I be bound by al I
pertinent laws., codes and reguladons of liwincipal or other authorities, having'j urisdiction over the Venue
or the conducting of the Evem,together wit the rWes and regWadons adopted Q Venue rinnagerwrit.
T Unt mmPligis; Ove-o Lit Times., Client ITILISt niake W own arrangements for
transportation of its Evan ntaterials; Managernent catinot accept or signi for F,vent materials (ln bieh,alfof
the Client, Move-in and movvout thles and access outside of1hent Surs alm designated by the Venue.
At such time aRer flee close of The Evan as Nhitagellierlt nlay specify 01' upon sooner terra inaction of this
Agreement, all Client materials shall be removed and cleared -l"rorn the Event space and s,uch space left in
goodarld clean order and cWhion, Client wHI pay the cost ofrepairing any&artiage eausled to the Vemte
Scility byte Chmttaa(V(�ir its etTipk)yees,agents, rep resettlatives or invilces,
the last clay designated by Managurnent f1w h to be rern(wed may be, held or otherwise disposed of by
Niallagenlent Or verti'le mallagetnero:at the Client's expertse�
8. Management shall We sole conlrol, over Event adnissini plikies a all Hmes.
9. Edming iuld yideg Repowilig—Ki�,hts- Mg5Nggg�, Froin tirne to thee, photographs,
rnotion pictures iatxllor video recmdOgs nlay be imaide in The Evem Ibeility, which recordiiigs rnay include
(without firnitatio,n) images of ClInt, its ernployces, agents, and related rnerchanchse and displays. Ment
amy nol We; obstruct or interfere in any way with such. photography or recordings vvhcfl,�ter by
Management, its, agents,, atten(kes oi, o1her suppliers, and hemby consents to h4anagernent's use of such
recordings for comnicrcial purposcs., (lient hereby grants Management a perpettud, nonexchisive, royalty-
Roe, wvddwWe license (a) to us, Igo, pubhA, distribute, digitize. cq", paRwin, license, sublicense,
trans]:air, i:rLake availab]z or Immmit zmy pilmograWas or iniages provkWd by Client hereumlIq imo&r as
such pholographs.or images shall have beennprovided without inclusion of adverb sing c,k)py or similar rwn-
yhoymplic materials, in agy media air Corniat not kno%vn or hereafter devised, in connection with the
Ma nageitlent"s databasc of nvel-wimi inkiniodon; and (b) to use Gicttt% tradernark, service marks,
logos, trade namrs, copy ri ghted icontent, hypertext links, (Ioni,ain narnes, ict)ns' bilatons, banncr;,, graphic,
Mes and images, Q visual or audiorecoWng or transmission will be nizide by Client oftfic Everit without
Managonent's prior wHurn consent, Chon MmIl not 011ato any copytights swi.th nappect to Nwritings, music
or obey mawrials tmed by R at the EVelIrt or at any ftinction which is part of, affiliated with, or held in
coill.w(nion with the Event,
By providing NlaillagC,1110nt the e-rmifll zididre&,.scs set forth in tile appliezition, Client hereby consents,
to receiving o nsolicited coniniercial ennail messages 1'roin Managernent, its aflltfiate�, partners and assigns',
as "all as ThA pands licans! to send smeh messages to Client by any ofthe Foregoing.
to Client relyresetits and warrants that (a) it is fully authorized to
represent all date node at the Evetit and ptibhsh the ctitire conlents, and subject triatter c(.miNned in its
Event prornotions, including ("rithout WHANY (i); the rulmes, powaits an(Por pictures ol' any persons,
HS, or deal (ii) any copyrigyhted material, trade,,niarks and/or depictions of Usdernarked gmWs and
servRes, and (W) any WshnWals or endorsements contained irt any (I'r atq subn)ilted l(i
2
1858
Management as pant ol:'thie pronia�)tion(s)-, and (b) the entirely of'clainis made at the Event and contents of
Ille Prorilotion,(s) are accurate and cotiniplete and are not rniskading,
11. See nit: . Chent agrees, that Aanageniertt is not liable l'or anything Venue securky docs (,,)i- fails to
......................!r Y
do, indu4ing (without Ifiliftation) daniagQ, th0`1 or lams sostaincd by, ChQuit's QRijfloyeQs, agents,
representatives or invitees.
12. Client shall not schedule or condLlCt any owside commercial activity (e.g..,
rccelittons, seitiiniars, symposia, and bospitallity Suites) during the Event, whether such activities are hield at:
or away from thQ Vt�ntw fiaci I it , except with tht prior writwn approval of Managnient.
113, Q I.I.Ij S..S..j Client agrves That Mai,'i�agetllerit wi III hrn liable in, flie everit of ally erv'),rs
or omissions in the Event's directory I isting or in any related materials. Client acknowledges and agirces
that Managen, �wnt triak" tio teprcsettlati(II ()t W411MIntics with respcct io the number of exhiblition, attendees,
or the dernogralahic nature of such auendance,
114, Ch al (lf F`vint I-ocalio'n qt, Schedule, Mana,genl�etli sllulfll use its best effbas c lniduct atid
.................A :L .....................................................................................................................................................................................................
pron.ulte thic [.'N'Cnt on the indicated dates at the VellUe. Client acknowledges and agrees that. Management
tnay re-lv�arnc or re-locate that Evetill or C4�,Itqge the claics, on which, or the VOritle M: wilich it is held, or tnay
rilove all or sorrie Portion Of the Event and its,content(including exhibition opportunities,conference tracks,
and networking, or social functiorts) 10 aumn on-I ifle t Vil-111,11) COMMAt (in which caso, Managerrient's "I"ernis &
(".'ondifions, Virtu a] Ewnts shall apply), all withoW the consent of in which ek nt (i) ChQ,nt will be
Flotifie'd of such chzinge, (ij) no refund Nvill be due t(..,) ('ficnt, (iii) k1amagemci-it will ztd.just Clients rights,
0'11)rded hereunder as it reasonably deletriairtes, aiul (jv) ('lie nt aptees 10 accept StIch and usim rights under
the tici-nis, of this Agreement.
15. 0:ncelladon of'EvQnt. Manag(.riiciit may cancel all or pail of'thQ Ev(,nt fbi, any rt:ason., it) its sale
chscrel ion- If 'the Event is, caniceled by Nfanagenterit in its entirety, this Agreerricrn shall terminzate and
("Ik;nt waivt * all Qlaitris it rnight, havi; against Managg[iwrit fi)r darriagQs or Qxpenm�s,, and if siich
CIIII.Cellation is (i) for reasons described in paragraph 17, Man.apement shall relund to C I Lient the arnount
tlescril)ed ill paragrapb 17 in,1,71,111, Ofall liabilities(4manageinent to Clienii:.and 00 for ally 011ter
reason, C"lient waives all claims, it might have against Management for daniages or expenses and Client
agree,, to accept in cutttpngc.tc. sans faction and discharge of iall el,alms agalp,lst Managetnern: as refund of all
artiounts paid Il the Client to,Management in accordance with thils Agi-eenient- Refunds,shall not be made
Y t-
for llartizil cancellations or reductitms in lire size or scope ofttic Event. H' "lie nt eanools Ihis Ageement
prior to any,cancOlation ofthQ, Event by Management, it shall not ble entit[Qd to,any refund.
16, nice]tatiott, Terniinationu of Agtcc.metq. L)p(n accleptance cif C"Ifient's, applicaw.)n by
Management, Client shall have no right or entitlement to cancel this Agreement or reduce its conirnitimerits,
Vtcrcuncler, and arty attcrnpt to chi so, shall be considered as itiatcrial breaell, by Client of' its obligations
Wreunder, 4)r which Managenwrit shal I have and retain all rigl*s, andreniQdics arid at lam; or ill
equity. In the event Chent attonipts to cancel this Agreernent or Nvithdrztw fr(,,)in the Event, (.1iont
ac,knovvledges diat Matlaaenwnt would be banned and soffer loss and tb,,,a it wo,uld be diflIctilt to tlwmtatrnn.Ull
the precise Value for or all.101,111( OftlUn harm and in that event, ("fient agrees to pay to Management the full
atnouttit (if'its contracted I'c�e as refleze(I t in CliAnt's application, Such Payment s[tal,J be liquidated dantages
and not as penalty, and tine PZLI-tics agree that such aIIIOUnts constitute a reasAmiable provis,ion JA)r liquidated
datti,ages, Any canceltatioti, or withdrawal will result in fbrfoiture ol'Client's right's ttridier this Agrectnent,
inelti(fing, twkh()kA Ifillitation) that right to pu,Qs not ,,,I)nQa4rs at, or pa.rIA I cipate in iha� Evcnt- In addition, in
sucIi circurristance AlInagoinent:reserves the right to notify the WTtue to earned any hospitality space and/or
1859
hotel. guest rm)�FTIS under Client's name and, Chient shall rernain. liable Jbi- the assoc imett payments to be
rnade to the holel, or verttle'.
if C I'lient: broaches 4my of the represenuitions, w array ities, covenants, terins or coriclitions, set forth
herein, incinding. ("Pithout fitnitation) faillure fol make, any paynients hereunder when due, Client shall bQ
deemecl in material default hereunder, and Management shall have the rights, to terininate this Agreement
UpOt'll I'llolice anal retaill Cl blent's deposit(s) paid as Mailagenleal's tion-exclusive retile4y, tberl reserving,
any and at] rights under laiv, including( ithout limitation) Management I s riglit to collect the 11ill aniount
set l'orth, In ("Ji'lelit's "Applicatioln, Clictill "hall lie Uliable for liall cost,, ofleollection, all attorneys" fees, court
costs ineurred by Management, and interest oil any utipaid amounts to acci-Lie at the rate of 1 2',N) paler annIIIII
(or, if kss, the Ili ;hest ralte plermitted by km), Lintill paid.
17. Force MAgii[q., Management will I not be liable for the fiffiAment of this Agreement il�,due to iu.iy
e;anse beyond its contil'ol, int"Juding (witholitt litilita6l acts of Gold; flood, fire, eattlujuake, explos-kln s,lr
other casualty;d arriage to,or destruction of the VC]ILEC';hazardou.9 wCaffiffconditions(actual or forecasted);
war terronat act,,;,or tlireatls ofterrorlisna, acts of doinestie or 150reign emilliesl, not or other
chil oru'Qst; laboi, dispute,wclrk stoplpagt s ot,slo%,dowits, strikQs orspeQific threat of,;trikQ,,.s, picWting, or
other industrial disturbariecl governnient tl regulation or order (including govern.niental z0visories,
ntal autbority-, an act, event or
t1naranitins and curl�ws) or travel advisory, or action by any govermix
occurrence creating it significant risk. to the anticipated attendees' health or safifty; epidemics, pandlenaics,
or any other dvreat or 1,16ar of' any j14,11'eciJOUS Of COMI'Mmickk dis"sle in butitans, inOuAling (witbout:
firnitation) the current or ally finUI-C OLItbrclak of the novel coro,navirus (COVID-191), whether aCtUal or
pelteeiveld, withota requiring (lie Issu'atice of any trawl advisory or warning, or the Imposition of quaratttitw
or, restiliction in movenwilt of peolk lily any, govertirnQ tit atithority or nah(,mal or international body or
agoncy of any government in eorinctfion, with, or rek,.ited to any inf&ctious or coiturturtlicable Arse ase ill
hnnians, 0'r postjllorleille'Ilt or e,'ancclllatkm of dw, Event- Managgrnent ml ltowcver, in tile e.vQnt of its not
being able to [told, the ffir any such reason, rei�rribursc Client for -no more, than a prorated amount of
tine aggregate fees received atfier dedt,ictirig expetises tticurrelt:I and lol be incurred by Mattagentlerit:(e'gl' IVIIII,
nuirketing and advertising, salaries, operating costs , but in no case shall the anlount of the refund exceed
(lie aillount Of the Cherlit"S flees pai(L
18. Inderrinification. 11'C"fient,or;any ofCfient's z1gents,ctqiloyees, invitees or gUeSIS (uI)l is cilliegod to
................................................................................................
have coIT111141W, any act ot- oniission, tknxily or Thirough otte or titore of its offilcen", direcrors' einployees,
agents, or representatiws, constituting �nelgligien,ce or Willf"LE1 mAsconduct relating to itS P`Crfi.)f-ITIa]ICC tinder
this, Agreement or participation in tl,ie Event, or (b) breaches, any (W its t.,61igiations, repres,cntatwtrs,
warratifies lot, covenants, herein, or (c) violates, or allegedly violates any nile, law or regulation apj'Aicable
to it, thert C"Ilient shall -Nademtti fyl, dcf0u]oil a climent:Nasis,and bold harritless Marwipment,the Venue and
VQntiQ managetrient, and,their rQ,.Nf,.)ecdvQ ol"HQQrs,dirwors, emph)yQQ�s,agmts,affiliates,and atiorneys,and
their respective servico contratfors, sitecessors, and assigns f,eateln, ein fi-om cind againsa any
judgnictu, loss, dan'tage, cost, of Qxplense, and other liabilities, loolether with all, reasonable costs a ul
expenses related the�F`CtO, hICILIding (without limitatillon), reasonable legall and accounting f es,and expenses.
Tlie coverwtus conlahwd in this Section 18 shaIJ N contittuing atid shall, the expiran.on or
termination of this Agreement,
19. Insurpncq. .fient shall, at its expense, maintain adequate insurance to l"nIly proteQt the Indeninkees,
1'rom any and all claims, arising from C.fient's activities, including statutory limits for wotIers'
e0IT'I'pell coverage, and cotilmet-cial genjeral liability OtOuding pircid'itos and compleuA opetallOtIls,
independent contractors personal injury and blanket contraCtUal liability insurance limits of gat least
S,I 000,(p0c), peer occurrence, S2,01f.,A),0001 aggrel ate, rlitis coverage niust be pripiriatyl ofaily otl4et valid ailid
C(Allectible insurance of Client and shall be written on an, occurrence basis- laims-madc policies are not
accepmble and do not constitute-cornpli�,',mlcc,with Chent's oblipations,horcUnder. Such insurzince coverage
4
1860
shall be evidenced by as certificate of insurance, provided to Managurners neat less Man 30 dq,s prior to the
s,eheduled nap et c�)ft[ate Event and natrt:ing MaltagA:rneiv,.Titte Event, the Venue and Venue nmnqernwn as
additionall insureds,with a 0-day notice of cancelhdon pco,Won to the holder(s). Client understands that
nonc of ManagenwnL The VInue or Vervue ttianagernent niaimains insurance coverhg flue Chmit's,p,ropery
and it is the sole rasp onsWij of Me Chem to oWain swh insurance. (l icrit is respionsible fbr ary and all
dainag es; ca used by Chem or CINS agents, wnpWyecs, invitees or guests.
20. lqxo and ljonsgs Clierit shall be responsible, ftn- obtaining ally licenses, permits (:)r approvals
re(jUited under Fedend, state or local law applica"lic to its parbeipatka in. ,,und arc tivityat the Evera. (Iient:
shall be resl3mmNe Am obtainNg any tax identificadexi numbers and paying all taxes, ficense ties or other
etuasges that shall become duo to tiny g(,werarnental aulority in connection wit�h its aefivities, at time Event,
Client %vill not pertnit the (Wivery of rnerehutdise at On Event facility without express, prior Avritten
perinission froixt M,arl'zigeinew,
21. 1 tP J191i tis)n qf�Liabiljjy.. In consideration of Client bleing allowed to parficipate in thie Event, and in
amiderakm for Martaptnent acleel'iting Cbent to partkipaw W the Evem, Chertt ackru!)wledges,
appre6aws and agmes Wt: 0) Are is risk of injury or Wness Hvm tmMing to, an(J. partieipating in the
Evem, including (W patticubq and whhow limitation)risks of expomme, direcfly or indirectly, arising (lot
of, contributed to or by, or remdring Darr; anyintWook)uS 01. QOITlnrun'icablk: disea,,e, itwhuling (wiftxi,ut
fi!niitation) the current or any f0wre cathmak of the novel coronavirus ((X)V ID-I 91), and/or any nautation or
variation tbereof and wbile pati:icallar nitigatiort effotu and personal diseiphae nary redtwe this fisk,flat;
risk of sedous injury or illness,does elm, IlemlIme, Client, fair imelf and an behalf of each member of its
MaU partkQating bi Te Event, ktio,vingl,y and, Avdy awwrles, aU such dskq boM Wown and unknown,
even if wisiRg himi the nQgfigQnce of On n4easees w oMets and assurnes IWI responsiblity Ir tislither
part ic ipat ion in the Event;(ii) (.."Bent assurnes all responslUity a liability for losses,damages' and clafins
arising out of hfory or darnagQ to,or caws by, C4Qnt's displays,equiprnenL cmMoyees or reposenmfives;
and (iii) Client!, for itsetf and on bdmW of W mennbe"W its staff participalingin, or present at i th efivent,
and thed respeclive beirs, assip pis, personal representalives and iwxt cif'lain, hereby rcleuases, inden,irtifies,
and holds, harmless h4anagenient, its !seii ice contractors, the VenUe and Venue managernent, anal their
respecivive representatives, directors, officcrs, ernployces, ageras and attorricys, associate personnel,
volunteers,other Event parcicipants,and attendees?'dellegates, and sponsors and advertisers(collectively, the
"releavees"), Nvith re pee to any nanda]l irkiiLlry, illrioss, dikabli,ty, death, loss or damage thm may occur to,
C"fient, or to (IienCy ernphyees, agents, nests, invitees, or pro,pkrly froni any cause whats,ot�vQr, j),rior to,
during, 01- SLI1131SeClUent to the period covered, by this Agreement arising out of, or related to its)"his/her
participSon in, presence at, or sponswNbip of t1w IHM n,T, Winding beNg Isattsponed to or Smi the
conference,whether arking Rom We neghgen.ce of the relessees or otherwise, to the fullest extent permitted
by law. Lrl no cvent sball Manageatent, Vettac or Venue managemen; or any of rheir isespectV Whaws,
be liable for any special, incidental, indirect, purnfive or consequential daniages arising out of" air in
c1c)nnection with this Agreemea The liability(A'Managernent nand its,affiliates,representatives,ernployees,
agent�,, and attornQys, an(] ChQm's rernQ(ty for any clairn of loss or dantage alling from or rdated U) His
Agreernent, regardles of the florin of aukmi, MmH be firnited to (hie fu;„cs pzfld to Marmgerrient hereunder,
Chent agrees that Nllanagenwnt will not be liable in Me event of any errors or onissions in any materials
provided by Management. Client ackrtowledges and agrees that Managenient makes no represemadon or
1861
warranties with respect to either the number of Event attendees or delegates, or the dernographic nature of
such attendance.
22. Compliance with Law. In connection with its participation in the Event, Client shall abide by and
observe all Federal, state and local laws, codes, ordinances, rules and regulations, and all rules and
regulations of the Venue and Event facility(including any union labor work,rules).
23. Terms Applicable to Exhibitor Showcase. The following terms, apply where the Event includes an
Exhibitor Showcase or comparable amenity, and. Client is participating in, and exhibiting its goods and
services through such Exhibitor Showcase.
(a) Assigninept ofS ace. Space within the Exhibitor Showcase shall be assigned by
Management in its sole discretion for the Event and for the Event dates only. The
assignment of space does not imply that similar space will be assigned for future Events.
Management reserves the right to change the floor plan or to move Client to another
location prior to or during the Event ror any or no reason.
Use of Space. Management reserves the right to decline, prohibit or expel any exhibit, or
itern or feature thereof`which, it) its judgment, is inappropriate or out of keeping with the
character of the Event, this reservation being all inclusive as to persons, things, printed
matter,product,conduct, sound level,etc. Client agrees to change the wording of any sign
determined by Management not to be in the best interest of the F'vent. Balloons are
prohibited. Neon or other gas-based signs are prohibited. Noisy or obstructive exhibits or
activities producing objectionable noise or odors are prohibited. Sound amplifying devices
may be operated only at levels not objectionable to other Clients. Distribution of
advertising material and solicitations of any sort shall be restricted to the Client's booth,
Client's exhibit or products may not extend beyond the limits of the Client's booth and no
part of any exhibit or product may extend into any aisle. Client shall not arrange its exhibit
so as to obscure or prejudice adjacent exhibitors, as determined by Management. All
demonstrations by Client must be located so that assembled crowds are within the Client's
space and not blocking any aisle or neighboring exhibits. No sub-letting or sharing of
booth space will be permitted without the prior written consent of Management. Any space
not Occupied by Client at the time set for completion of installation of displays will be
reassigned at the discretion of Management, in which case all amounts paid or payable by
Client will be forfeited unless special arrangements have been approved in writing by
Management. Client agrees to keep its exhibit open and staffed at all times during the
Event hours.
If the Event does not provide turn-key booth space through Management-directed decorator.
services— Standard booth equipment (back and side wall draping, and identification sign)
is provided by Management without cost to Client. If Client plans to install a completely
constructed display of such a character that Client will not require or desire the use of
standard booth equipment, no part thereof shall so project as to obstruct the view of
adjacent booths. Sidewall construction, if used, may taper diagonally frorn eight (8) feet
at the back wall to floor level at the aisle, or extend as a high panel four(4) feet frorn back
wall,the remaining side rail may not exceed four(4) feet in height. Exceptions to the above
specifications are authorized for all self-contained island configurations where a sixteen
(16) foot height restriction will apply. The eight(8) foot back wall restriction is removed
for all peripheral booths where a twelve (12) foot height restriction will be in effect.
Further restrictions may apply as necessitated by ceiling height. Raw wood, cardboard or
similar material for wings to booths must be covered or painted if they are visible frorn
6
1862
m(jacent booths. Failure to comply with the rules, and regutations, of this, contract and aN
sialed in the VIvenit Service Manual will result in flee alleration or renioval oftbe booth at
C',lient's expense. Rental f es, Im services and exhibit space are not refundable. (''fient
shiall be N.Rind by al I pert irient laws,codes and regul,,atiotis�ofrntmicip,aI or other authorifics,
having juris,diction over the Ventie oi, thQ, condacting of the Event,, together with the rtiles
and regulations adopted by Venue inarlagement.
Only the primitry, Client will be enfitled to any additional complitnentary items offered. by
Matta gelnent to the"Client".
wwrilV be the only corupany fisted in the EventShOAV guide.
(b) Chma W maaagcnleltl Shaul1,have(Ite riglu.in its,sole discrefi,mi,to chan,gg Client,s
...........
space assignment within the Exhibitor Showicase after the accepance of this pore mint if
it is be fi) the N-sl interest n,lftbe Ul-vent, In the event Managewtera elects 1e1)
eXercise its riglit to change Clilant's exhibit space, Client will be notified of its newly
assigneds.pacc% m a nagernen t wl I I rnake reason a ble e ffimls tun ells ure thlat"trty rea"s Ogn 1,11cra
wil I be to, an exhibit spact% which is of the sarne gglienal style and size, as lient's original
spa,co. If' a reduction in spzjeo to (.."fients exhibit space is, in Management's, opinion,
njecessary, Ctietu gill he reimbursed on as pro-rata basis,
Qicnt Ca nice]I at i0l). Any cancellhation or attenlipted carwellation, or failure of fien't 110,
actually occupy the exhibition !space assigned to Client may, in Managenwrit's, sole
dis,cretion., and, in as to,Nfi.inagement's, rights under paragraph 16, result in partial or
Complete folleitnre of "fient's rights under any applicable sponsor�,hij) agrt~enwnts or
oppuilunifies, including ,w u ithot lini.itaficm) the right to present speakers a czar~p t, - articipate
fil any conference QoITtponent of the j;VenjI. In lbe event of,defikAt by Client,
shal I have the right, bUt [lot the obligation, to ficensethe SUbj ect F'xhibito w,r Shocase space
to another supplier prior to tfipc: Event widlout aay reb,"ite to Client
and without in any way releasing 'fient froun,any liability hereunder, and Client expressly
agreo,s to pay Manzigernowit the full, contracted arnount hereunder.
(d) A:Yairlable Services, On behalfof the suppliers, Management has,designated official Event
i;ontraclors To providc Event services on at) exclusive basis., inc hiding(with,k)m firnilalion):
drayage, cailage, furniture, booth and floor decorations, signs, plmtograjahs, and tellephone
services, Service cornpo n lies (.mthcr than, thic official contracu.)ts will not be allowed to,
Perlbrin any of these exelusive servicQ�s. Non-exchisiv(, suvie�s may be perf'o,mled by
Event-zippointed contraetors (EM..") within, cetutin guidchnes. A complote listing of
contractors and rates, Qxclwdv serviic,4m,; and EAC gm iiidchncs will be provided. tipon
reqUCS1. Management assurnes 110 reSp bans ibility or liability 1,01- arily of the, services
pet1i)rtT,,1IW (,i,r malerials delivered by the foregoing Persions, parties. and
Arrangement for these services and pa naents are to be tnade J)etjVreejj
Y Client and official
Event coranietors, Rules and rcguJ.al1-i,(.,)tl.s for uttic')n 1,abor ate nvide by the local unions', and
these regulations may be changed at any time, k\�rhere union labor is required because of
bu,iliding oi-contractor r(jL1ireni,Lnts, ("ficnt agrocs to comply With dW 1-CgUlatiORS,
C), Client shall display its prod uctsor sierVirCeS
in at tasteful, rnanner., No, slpttts,, decorations, ban tiers, tact vetlising rnaterliki,,d (.1 SpecI14A
eXhibits witI be periuitted OLEtSide of the Chent-contracted booth space except witli prior
written, POITIASSi011 froni MamagoNniont. All advertising chstribution must be alzidio fi-om
(".1 i�rn's spac4.. Balloons and stickers are prohibited in the area. I landows with gornnw,d
backin that ad I fiere or eausc adhesion are consildered stickers. or
7
1863
moving advertisements outside of the Client's space are prohibited. Nothing shall be
posted on, or tacked, nailed, screwed, or otherwise attached to the columns, walls, floors,
or other parts of the convention Ilotel exhibit area Without pertrussion from the proper
building authority. Fluids, caustic or staining,, must not be used where they may darnage
floor coverings. Packing, unpacking and assembly of exhibits shall be done only ill
designated areas and in conformity with directions of Management, the venue manager or
their respective assistants.
Installation and Dism4!jjtjng. Complete information, instructions and schedule of prices
regarding drayage, labor for erecting and dismantling, electrical work, ftirniture, cleaning,
etc., will be included in the Event Service Manual. Such requirements shall be binding
upon the Client as though fully set forth herein.
(g) Exhibits Move In Move Out. Movement of exhibits in and Out of the Venue must be
handled by official Event contractors. No exhibit will be allowed into or out of the Venue
without an official clearance from Management. Except in cases where Management is
providing turn-key exhibit space to suppliers, Client must make its own arrangements for
transportation of exhibits and packing material. Management cannot accept or sign for
exhibits or other materials on behalf of the Client. Move-it)and move-out times and access
outside of Event hours are limited to those described in the Event Service Manual. At such
time after the close of the Event as Management may specify or upon sooner termination
of this Agreement, all exhibits shall be removed and cleared from the Event space and
vacant possession of the exhibit space shall be delivered to Management in as good and
clean order and condition as it was when delivered to Client. Clients will pay the cost of
repairing any damage Caused to the Venue facility by the Client and/ or its contractors.
Any property remaining after the last day designated by Management for it to be removed
may be held or otherwise disposed of by Management or Venue Management at the
Client's expense, No exhibits may be removed from the Event facility before the Event
ends.
(h) Safety, All display materials used for decoration must be,flarneproof. Displays that do not
pass fire safety inspection will be ordered closed until such fire hazards are corrected
against further danger of fire. All electrical eqUipl-neat or devices used in or about an
exhibit must be in good operating condition and able to pass fire and/or electrical
inspections. Extra materials stored in Client's exhibit space must not block access to the
exhibit or cover electrical wires or outlets. Client shall cooperate responsibly with local
ordinances and Venue management rules regarding health, fire prevention and public
safety. If inspection of Client's booth discloses a failure to comply with any applicable
law, code or regulation, or if Management determines that all or any part of an exhibit
presents a fire hazard or other danger, Management may cause the removal of all or a
portion of such exhibit at Client's expense, Under no circumstances may the weight of any
equipment or exhibit material exceed the Venue's maximum floor load. Client accepts full
and sole responsibility for any injury or damage to property or persons resulting from
failure, knowingly or otherwise, to distribute the load of its exhibit material in conformity
with the maximum floor load specifleations.
Security. Management will provide perimeter guard service during the Event and while
the Venue is closed. Client agrees that Management is not liable for anything its guard
service, or facility security does or fails to do. This includes (without limitation)damage,
theft or loss sustained by Client's exhibit or its representatives. Chent will not be allowed
1864
inut the Exhibitcm-Showcase after published hours, Chent nully wiu.it to consider an-anging
s,ectirily flor its specific boofli space fbr either(buing,or afier ptiblisbed holu-s,
24. Ass ls Agreement cannolt be aSSig
............. i T.... i
I T],ed by Client, in %vhole or in, pLnil without the prior,
writtQn, approval of Ma.nagement- Management 111'ay assign this Agreement withoot (I I Hem's Qonsent, mid
any SLICK assignee MmH become -Management" fiGr 1111 PUrposes, hereunder and sluffl acquire a.1 of rights
and obligations ofmunagenwnt hereunder,
25, Se'VCrqbifity�..Wqivcr. 11' for any reason a court, (.W cornpctera jurisdiction finds any provilsion or
portion of this AgrQenwrit to be mienfbiveable, that provision will be enfim,ced to, the maximum extent
peraiissiblie so -as, to eff&et the intent unf the Parties, and the r(:vnairldcr ofthis, Agreement lVill Wflltnwe in
fun aiul eti,,ect, vie f'ar i I tire Hofei 1her parly u) enfin-ce at anY lime (tt. for`any period oftitite aura.y oftl�)c
P�p()VriSiCtJJS :
c�fl'this Agreement shall 110t CO.11S,titUtC it %V,1iVCr Of SUCII provisions Or the right of such pally to
QIIP)rce each and every provisl.om.
26. C...0. d Mlqm Y5�-'—Fees, If either party corrunences z,.in aefi(trl Or rocCelding against
............... Y P
dw other party to QnforcQ or interpret this Agrei..mQnt, the prevalifing,paily ini ssudi action or proceeding shaH
be entitlied to recuver from thie other party the actual costs, expenses, and attorneys' fees, and all related
eosts attd expertses micurred by such Prevailing party in conrtectton with such amon, or J'WOCAwedjng arid lin
connection with obtaining and enforcing any.iUdgryient or order thereby obtained-
27. Appth,abjq Law mid V(,ntw,. This AgrQk."mQnt shall be governed by and comstrued in aQQordance
Nvith the haws of the Stitte 04'Delaware without rcg and to its, conflicts of laws provisions,., fluty alefion c r
proceWiag arisingota ofor related to Ibis Agreentetit sNall be bru)ugbjt jin Ili e cor ms. ofrecord ofthe Stame
ol"Ne,kv York in New York C.,(�)LIIAY or the I..I,.S,. District Court fk)r the Southern District (t]:'NeW Y1011C. ("firCrIt
01011s,clIts to,fllwjuris,diction of'Such, 0(.)(Irts 'and wa,ives any objcction to the laying of venue ofI,0Iy Siteft civil
'Netion or proceeding in such courts.
28. Anwrican Dina blifidQs Act.. C Iient aQknowlWgQs and agrQ(!s that,, in conneolion with eaeh I"vQnt
witlain the US,, it will. be as public acconamrodation as defined under "J''iffe III of the Americans with
Djsabiljli�s Act ("AD A".). As as public arc coni,inodat4on, Client agrees lbat in conrwjort %vilhj tine [i-vent,
Ctient will: (i) provide, at its expense, any anxitiary aids and services as may be necessary to ensure
effective cortittlunicall with,Client lby auendices ofthe Evvnt, (IJ), where applicable,,assure,at ITS CXpenl"se",
that displays posted at or on Clieni's booth((), are accessible to, individuals with disabilities; and (ifi) not
discrimirtatio or- rctakato against any individual in violation of the ArDA..
29. Sull Any expill or earlier tul-minatilon this Agivement any reasun. Nvlamsttever
notwilthst,anding, those provisions of Otis Agreettterii't tfilm, by their nattire, are intended to sta-vive such
expiration or terMination shEdl SO SUI-ViVe, irICILEding (%vithout limitation) Imragraphs, 1, 18, 21, 27, 21) and
,30,
30. Entire Agivenignt. "I"his, Agreement (i) when, executed by (.'fient and up(tn wtitten aciceptance by
Manaaenient, shall conmiltute thaw valid afld birlding, agrn�t eeera o p ftlie anies respectingt]-je sulliject rnalter
V.,
hereof, and (fl) contains the entire agreement of the plarties concerning the subJect rnatter hereof. This
Agrw,n,ent rtuy rilot tic rno'difFied, ("lisch'ar9 ed or tertidtia an ted, and, they r1gltts ofany p,lirty (ball Int.4 wIt be ived
except by as written instrument signed by the party to,be,charged; provided, Managei-nent reserves the right
to interpret this Agreellnewa,nd tcm,.tdopt Further reguhations as m,ay bedeemeld nociessziry by it for the gencrid
success (,),f the Ev Qnt, and the Client agrees to be bound dierehy. This AgrQ,Qnient shak, bQ binding upon,
and inure to [lie benelft of, mch. oftlie plulties hereto and thei.�I-respect�ive legal representatives., successurs,
atui Permitted assigns, This Agreetuertl does not as Partnersbip,ot.jortill venture apt.Prineill'a-l-agent
9
1865
relationship between the parties. The interpretation of the provisions of this Agreement is reserved solely
to Management,whose interpretations shall be final, binding and conclusive in all respects.
10
1866
Add endum
VFK Contract
Terms and Conditions
3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys (herein after-VYK7or
Customee') and Nortlistar Travel Media, L.LC (herein after"Northstar" "Contractor" "Conipany"
) agree as set forth below.
VFK and Northstar Travel Media, L.LC hereby enter into this addendum to the Agreement
Agree:cent'"). and agrees to the following:
The Agreement includes and incorporates the Agreement, Terms and Conditions and this
Addendum.
VTK is a not-for-profit corporation that supports the Monroe County Tourist Development Council
and is funded in part by the Monroe County Board of County Commissioners (County).
The following provisions are required by law and policy.
The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to
comply with Chapter 119, Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70,
Florida Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the
Local Government Prompt Payment Act. Company shall submit to VFK invoices with Supporting
documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (Clerk).
Acceptability to the Clerk is based on generally accepted accounting principles and Such laws,
rules, and regulations as may govern the Clerk's disbursal of funds.
Travel, as approved by VFK, shall be reimbursed to the Company, but only to the extent
and in the amounts authorized by Section 112.061, Florida Statutes and in accordance with
Monroe County Code Chapter 2, Art. Ill., Div. 3 and Monroe County Travel Policies.
The County's indemnification is limited and subject to the sovereign immunity provisions of Sec.
768.28, Florida Statutes.
Maintenance of Records: Company shall maintain all books, records, and docurnents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized representatives,
shall have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for five years following the
termination of this Agreement. If an auditor employed by VIX,the County or the Clerk determines
1867
that imonies paid 1A.) Company pursuant 1A.) (his Agreement were spent for purposes, mast authorized
by this Agreeniient, Company shall repay the ii'lonies together with interest calculated pursuant to
Sec. 55.03, l7S, running ftoin the date the inonies were paid to Conipany.,
Goverriing Law, Venue, Interpretation, C"osts, antJ Fees: This Agreement shall be governed
by and construed in, accordance w1th the laws, of the State of Florida applicable to contracts 111ade
and to, be perforimed entirc-ty in the state. IF) t,fie event that any cause of action or administrative
proceeding is instituted for die enforcenient or interpretation of this Agreenient, the Custollier
and Conipany agree that w,,enue shall fic, in the appropriate COU11 or before the appropriate
adininistrative body in Monroe Clounty, IF"lorida, This Agreeinentshall not be subject toarbitration.
Alto,roey's Fees and Costs. The Parties agree that In the event any cause of actiorl Or
admiinistrative proceeding is inifiated or defOided by any party relative to the enforceillent or
inteipretation ofthis Agreement, the prevailing party shall be entitled to reasonable attomey's fees
and court costs, as an award against the rion-pre prevailing party, and sh.all in.clude attorn.ey's fees
arid court costs iri appellate Pixweedirigs. Mediation proceedings initiated and conducted pursmant
kt,) this Agreernerik shall be in accordarice with the Florida Rules of(Jvil Ptooedure and Lisual and
customary procedures required b,Y the circuit court ot',Monroe County,
Nondiscrimination: The Parties agree that there will be no discrimination against any person,
and it is expressly understood t1hit Ullon an deterni.ination by au COUrt Of'COI:IIPC(Cll.t,iLlr'i.sdiet:ioi:i that
discrirniriation has occurred, this Agreement autotnatically terininates without any ffirther action
on the part ofany party, effective the date of"the court order, The Parties, agree to comply With all
Federal and Florida statutos, and all local ordulances, as applicable, relating to
rh,ese include but arc- not limited to, I) Title V11 of the (.1vil Rights Act, of 196.4 (11, 88-3,52)
whicli prohibits discriniiination oil, the basis of race, color or national origin; 2) Title IX of the
Education Aniendinent of 11972, as aniended (20 USC ss.1.681-1683, and 1.685-1686), which
prohibits discriinination on the basis, of sex; 3) Section 504 of the Rehabilitation Act of 1973� as
arnerided (20 1 JS ' s. 794), which prohlblt�,, di""Criniination on the basis, ofhandloapst 4) The Age
Diseriminatlon Act of 1975, as ZUTIOTIdOd (42 L)SC ss, 6101-6107� which probibits discriniiriation
on (lie basis of age,,, 5) The Drug Abuse Office and Treatiment Act of 1972 (PL 92-255), as
aniencled, relating to nondiscriniiination on die basis of drug abuse; 6)'"I"he Coll1prehensive Alcohol
Abuse and Alcoholism Treatinent and lZeliabilitation Act of 1.970 (I)L 91-616), as
ainended, relating to i:io:tidisc:t-iiiii:tiatioti on the basis of alcohol abuse or 7) The Public
flealtli Service Act of" 1912, ss. 523, and 527 ('42 [JSC' ss. 690dd-3 arid 290ee-3) as amended,
relating to contidentiallty of alcohol and drug abuse pamen( records; 8) Title VVII of the Civil
Rights Act of 1968 (42 IJS(..' s. 360 1 et seqj, as amiended, relating to nondiscrimina:6on in the sale,
rental or financing ofhOlUsing; 9) The Aniericans with INsabilifies Act of 1990 (42 USC s. 12101
Note), as inaybe atnerided, froni time to titne, relating to riondiscrinlinationn oil the basis of
disability, 10), Monroe County Clods Chapter 14, Article 11, which Prohibits discrimination on the
basis of race, color, sex, religion, national origm, aricestry, sexual orieritation, gender ideralty or
expression, farilifial, status or age-, 11) Any other nondiscriMiTNIti,011, PTOVISiOTIS ill Mly Federal or
state Statutes which, nilay apply to the fie pan-ties to, or the subject matter of, this Agreement,
Public Records Compliance. Coinpanyniust coniply with Florida public records laws, il).Ckiding
but not Innited to Chapter H 9, Florida Statutes arid Section 24 of article I of the Constitution of
2
1868
Florida. VFK and Company shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other"public record" materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Customer and Company in conjunction with this contract and related to contract performance. The
Customer shall have the right to unilaterally cancel this contract upon violation of this provision
by Company, Failure of Company to abide by the terms of this provision shall be deemed a material
breach of this contract and the Customer may enforce the terms of this provision in the form of
court proceeding and shall, as a prevailing party,be entitled to reimbursement ofall attorney's fees
and costs associated with that proceeding. This provision shall survive any termination or
expiration of the contract. Company is encouraged to consult with its advisors about Florida Public
Records Law in order to, comply with this provision.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the Customer and Company in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage.
Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms,or any
of them, of this Agreement to enforce or attempt to enforce any third-party clairn or entitlement to
or benefit of any service or program contemplated hereunder, and VFK and the Company agree
that neither the Customer nor the Company or any agent, officer, or employee of either shall have
the authority to inforrn, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or Superior to the community in general or for the purposes contemplated in this
Agreement.
No Personal Liability: No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member,, officer, agent or employee of VFK in his or her individual
capacity, and no member, officer, agent or employee of VFK shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
E-Verify System - In accordance with F.S. 448.095, Any Contractor and any subcontractor shall
register with and shall utilize the U.S. Department of Homeland Security*s, E-Verify system to
verify the work authorization status of all new ernployces hired by the Company during the term
of the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's
E-Verify systerri to verify the work authorization status of all new employees hired by the
subcontractor during the Agreement term. Any subcontractor shall provide an affidavit stating that
the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien.
Company shall comply with and be subject to the provisions of F.S. 44KO95
3
1869
Non-Collusion Affidavit- Company by signing this Agreement, according to law on my oath,
and under penalty of perjury, depose and say that the person signing on behalf of the firm of
Company, the bidder making the Proposal for the project described in the Scope of Work and
that I executed the said proposal with full authority to do so; the prices in this bid have been
arrived at independently without collusion,consultation,communication or agreement for the
purpose of restricting competition, as to any matter relating to such prices with any other bidder
or with any competitor; unless otherwise required by law, the prices which have been quoted in
this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor;
and no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition; the statements contained in this affidavit are true and correct, and made with full
knowledge that VFK and Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
Indemnification and Hold Harmless- The CONTRACTOR covenants and agrees to indemnify
and hold harmless VFK, the Monroe County Tourist Development Council, Monroe County and
Monroe County Board of County Commissioners, its officers and employees from third party
liabilities, damages, losses and reasonable costs, including but not limited to, reasonable
attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONTRACTOR, subcontractor(s) and other persons employed or utilized by the
CONTRACTOR in the performance of the contract. The extent of liability is in no way limited
to, reduced, or lessened by the insurance requirements contained elsewhere within this
agreement. This indemnification shall survive the expiration or early termination of the
Agreement.
Shalise DeMott
Northstar Travel Media, LLC
Signature
SVP,Sales
Title
4/30/25
Date
4
1870
Signature
'oved U+ wdolk
The Florida Keys & Key West
SIGNATURE REGIONAL EVENT 2025
Regional Events:
Appointment and open networking time with Signature Travel Advisors. Attendance includes all meals
and 24 appointments over two days for one delegate:The Florida Keys will participate in the regional
appointments in Fort Lauderdale,June 17—18, 2025, in either the City&Cultural Experiences or
Family/Multi-Gen/Celebrations track.
Investment: $4,000.
AGREED
Signed: Signed:
3/21/2025
Christine Alestra Date Name Date
VP, Destination &Airline Partnerships
Signature Travel Network
, a €, n 1 1
1871
Addendum
VFK Contract
Terms and Conditions
3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys (herein after",VFK: or
Customerf') and Signature Travel Advisors (herein after "Signature" "Contractor"``Company")
agree as set forth below.
VFK and Signature Travel Advisors hereby enter into this addendum to the Agreement
Agreement"). and agrees to the following:
The Agreement includes and incorporates the Agreement and this Addendum.
VFK is a not-for-profit corporation that supports the Monroe County Tourist Development Council
and is funded in part by the Monroe County Board of County Commissioners (County).
The following provisions are required by law and policy.
The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to
comply with Chapter 119, Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70,
Florida Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the
Local Government Prompt Payment Act. Company shall submit to VFK invoices with Supporting
documentation that are acceptable to the Monroe County Clerk of Court and Comptroller(Clerk).
Acceptability to the Clerk is based on generally accepted accounting principles and such laws,
rules, and regulations as may govern the Clerk's disbursal of funds.
Travel, as approved by VFK, shall be reimbursed to the Company, but only to the extent
and in the amounts authorized by Section 112.061, Florida Statutes and in accordance with
Monroe County Code Chapter 2, Art. III., Div. 3 and Monroe County Travel Policies.
The County"s indemnification is limited and subject to the sovereign immunity provisions of Sec.
768.28, Florida Statutes.
Maintenance of Records: Company shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each parry to this Agreement or their authorized representatives,
shall have reasonable and timely access to such records of each other parry to this Agreement for
public records purposes during the term of the Agreement and for five years following the
termination of this Agreement.If an auditor employed by VFK,the County or the Clerk determines
that monies paid to Company pursuant to this Agreement were spent for purposes not authorized
1
1872
by this Agreement, Company shall repay the monies together with interest calculated pursuant to
Sec. 55.03; FS, running from the date the monies were paid to Company.
Governing Law, Venue, Interpretation, Costs, and Fees: 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 this Agreement, the Customer
and Company agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County,Florida. This Agreement shall notbe subject to arbitration.
Attorney's Fees and Costs: The Parties agree that in the event any cause of action or
administrative proceeding is initiated or defended by any parry relative to the enforcement or
interpretation of this Agreement,the prevailing parry shall be entitled to reasonable attorney's fees
and court costs, as an award against the non-pre prevailing parry, and shall include attorney's fees
and court costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
Nondiscrimination: The Parties agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any parry, effective the date of the court order. The Parties agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. 3601 et seq.), as amended,relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101
Note), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
Public Records Compliance. Company must comply with Florida public records laws,including
but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of
Florida. VFK and Company shall allow and permit reasonable access to, and inspection of, all
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documents,records,papers, letters or other"public record"materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Customer and Company in conjunction with this contract and related to contract performance. The
Customer shall have the right to unilaterally cancel this contract upon violation of this provision
by Company.Failure of Company to abide by the terms of this provision shall be deemed a material
breach of this contract and the Customer may enforce the terms of this provision in the form of a
court proceeding and shall, as a prevailing party,be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any termination or
expiration of the contract. Company is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the Customer and Company in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage.
Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any
of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and VFK and the Company agree
that neither the Customer nor the Company or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
No Personal Liability: No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of VFK in his or her individual
capacity, and no member, officer, agent or employee of VFK shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
E-Verify System - In accordance with F.S. 448.095, Any Contractor and any subcontractor shall
register with and shall utilize the U.S. Department of Homeland Security's F-Verify system to
verify the work authorization status of all new employees hired by the Company during the term
of the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Honicland Scctirity's
E-Verify system to verify the work authorization status of all new employees hired by the
subcontractor during the Agreement term. Any subcontractor shall provide an affidavit stating that
the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien.
Company shall comply with and be subject to the provisions of F.S. 448.095
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Non-Collusion Affidavit-Company by signing this Agreement, according to law on my oath, and
under penalty of perjury, depose and say that the person signing on behalf of the firm of Company,
the bidder making the Proposal for the project described in the Scope of Work and that I executed
the said proposal with full authority to do so; the prices in this bid have been arrived at
independently without collusion, consultation, communication or agreement for the purpose of
restricting competition, as to any matter relating to such prices with any other bidder or with any
competitor; unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly,to any other bidder or to any competitor; and no attempt
has been made or will be made by the bidder to induce any other person,partnership or corporation
to submit, or not to submit, a bid for the purpose of restricting competition; the statements
contained in this affidavit are true and correct, and made with full knowledge that VFK and
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts for said project.
Indemnification and Hold Harmless- The CONTRACTOR covenants and agrees to indemnify
and hold harmless VFK, the Monroe County Tourist Development Council, Monroe County and
Monroe County Board of County Commissioners, its officers and employees from third party
liabilities, damages, losses and reasonable costs, including but not limited to,reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the
CONTRACTOR, subcontractor(s)and other persons employed or utilized by the CONTRACTOR
in the performance of the contract. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this agreement. This
indemnification shall survive the expiration or early termination of the Agreement.
Signature Travel Network
Signature
Vice President, Destination& Air Partnerships
Title
April 29,2025
Date
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Docusign Envelope ID: 143872B6-8E8B-4B8B-834F-4B92F17E37E0
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
4/30/2025
This Performance Agreement("Agreement") is entered into as of by and between the following
parties:
Client: Performer:
3406 North Roosevelt Boulevard Jobie Jacomine-Puddin'Taine
Corporation d/b/a Visit Florida Keys (VFK)
1201 White St#102 2521 Fogarty Ave,Apt 1
Key West, FL 33040 Key West, FL 33040
Client Contact-Joshua Cato, 305.432.7441 504.615.8809
joshua@fla-keys.com puddin@queerkeys.org
ENGAGEMENT: The Client hereby engages the Performer to render professional entertainment services in the
form of a drag performance,and the Performer hereby agrees to provide such services under the terms and
conditions set forth herein.
EVENT DETAILS
• Event Type/Name:World Pride Parade
• Event Date: June 7th, 2025
• Event Location:Washington, DC
• Performance Time: 1:OOPM - 5:OOPM
COMPENSATION: The total fee for services rendered by the Performer shall be $2,500.00
CANCELLATION POLICY: Should the Performer be unable to fulfill the engagement due to illness, emergency, or
force majeure,the Performer shall notify the Client as soon as reasonably possible and will endeavor to assist in
securing a suitable replacement.
TECHNICAL&LOGISTICAL REQUIREMENTS: The Client agrees to provide, at no cost to the Performer:
• Access to food/snacks, drinks,bathrooms and private changing area
• A functioning sound system with capabilities to play digital music
PROFESSIONAL CONDUCT&SAFETY: The Performer agrees to conduct themselves professionally and
respectfully throughout the event. The Client shall ensure a safe and respectful environment free from harassment,
discrimination, or abuse. In the event of unsafe or hostile conditions,the Performer reserves the right to terminate
the performance.
MEDIA&PUBLICITY: The Client(may/may not) record or photograph the performance.Any public use of
images,videos,or the Performer's name/stage name must be approved in writing by the Performer. The Performer
retains all rights to their likeness,branding, and performance materials.
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INDEPENDENT CONTRACTOR STATUS: The Performer is engaged as an independent contractor and is not an
employee, agent, or legal representative of the Client for any purpose.The Performer shall be responsible for all
taxes and withholdings,if applicable.
ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the parties and supersedes
all prior negotiations,discussions,or agreements,whether written or oral.Any amendments to this Agreement
must be made in writing and signed by both parties.
VFK is a not-for-profit corporation that supports the Monroe County Tourist Development Council and is funded in
part by the Monroe County Board of County Commissioners (County).
The following provisions are required by law and policy.
The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter
119, Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes.
Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt
Payment Act. Performer shall submit to VFK invoices with Supporting documentation that are acceptable to the
Monroe County Clerk of Court and Comptroller (Clerk). Acceptability to the Clerk is based on generally accepted
accounting principles and such laws,rules, and regulations as may govern the Clerk's disbursal of funds.
Travel, as approved by VFK, shall be reimbursed to the Performer, but only to the extent and in the amounts
authorized by Section 112.061, Florida Statutes and in accordance with Monroe County Code Chapter 2, Art.
Ill., Div. 3 and Monroe County Travel Policies.
The County's indemhification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida
Statutes.
Maintenance of Records: Performer shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access
to such records of each other party to this Agreement for public records purposes during the term of the Agreement
and for five years following the termination of this Agreement. If an auditor employed by VFK, the County or the
Clerk determines that monies paid to Performer pursuant to this Agreement were spent for purposes not authorized
by this Agreement, Performer shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS,
running from the date the monies were paid to Performer.
Governing Law,Venue, Interpretation,Costs,and Fees: 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 this Agreement, the Customer and Performer 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.
Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees and court costs,as an award against the non-pre prevailing party,
and shall include attorney's fees and court costs in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
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Nondiscrimination: The Parties agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party, effective the date of the
court order.The Parties agree to comply with all Federal and Florida statutes,and all local ordinances,as applicable,
relating to nondiscrimination.These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964(PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975,as amended(42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),
as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records;8)Title VIII of the Civil Rights Act of 1968(42 USC s.3601 et seq.),as amended,relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as
maybe amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation,gender identity or expression,familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement.
Public Records Compliance. Performer must comply with Florida public records laws, including but not limited
to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. VFK and Performer shall
allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public
record"materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and
made or received by the Customer and Performer in conjunction with this contract and related to contract
performance. The Customer shall have the right to unilaterally cancel this contract upon violation of this provision
by Performer. Failure of Performer to abide by the terms of this provision shall be deemed a material breach of this
contract and the Customer
may enforce the terms of this provision in the form of a court proceeding and shall,as a prevailing party,be entitled
to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract. Performer is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes,the participation of the
Customer and Performer in this Agreement and the acquisition of any commercial liability insurance coverage,self-
insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity
to the extent of liability coverage.
Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and VFK and the Performer agree that neither the Customer nor the Performer
or any agent,officer,or employee of either shall have the authority to inform,counsel,or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement
of any member,officer, agent or employee of VFK in his or her individual capacity, and no member, officer, agent or
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Docusign Envelope ID: 143872B6-8E8B-4B8B-834F-4B92F17E37E0
employee of VFK shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
E-Verify System - In accordance with F.S. 448.095, Any Contractor and any subcontractor shall register with and
shall utilize the U.S. Department of Homeland Sccurity's F.-Verify system to verify the work authorization status of
all new employees hired by the Performer during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Honicland Sccuritv's a -Verify system to verify the work authorization status of all new employees
hired by the subcontractor during the Agreement term.Any subcontractor shall provide an affidavit stating that the
subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Performer shall comply
with and be subject to the provisions of F.S. 448.095
Non-Collusion Affidavit-Performer by signing this Agreement, according to law on my oath, and under penalty
of perjury, depose and say that the person signing on behalf of the firm of Performer, the bidder making the
Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority
to do so;the prices in this bid have been arrived at independently without collusion, consultation, communication
or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder
and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder
or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the
statements contained in this affidavit are true and correct, and made with full knowledge that VFK and Monroe
County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.
Indemnification and Hold Harmless- The Performer covenants and agrees to indemnify and hold harmless VFK,
the Monroe County Tourist Development Council, Monroe County and Monroe County Board of County
Commissioners, its officers and employees from third party liabilities, damages, losses and reasonable costs,
including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONTRACTOR,subcontractor(s) and other persons employed or utilized by the
CONTRACTOR in the performance of the contract.The extent of liability is in no way limited to,reduced,or lessened
by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the
expiration or early termination of the Agreement.
IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first written above:
Signed b
" - E3EAA6
y:
X9790ED646F .
Diane Schmidt Jobie Jacomine
Chairperson Puddin' Taine
4921