FY2004 03/17/2004
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 23,2004
TO:
Lynda Stuart, Office Manager
Tourist Development Council
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Hanc~
Deputy Clerk '0
ATTN:
At the March 17, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Amendment to Interlocal Agreement between Monroe County and the Islamorada Village
oflslands to extend Agreement until September 30,2004, for the Amphitheatre project.
Amendment to Interlocal Agreement between Monroe County and the Islamorada Village
of Islands for the Fishing Pier project to extend Agreement until March 3 1, 2005.
Amendment to Interlocal Agreement between Monroe County and Old Firehouse
Preservation, Inc. for the Fire Station No.3 project to extend until September 30,2004.
Turn Key Events Agreement between Monroe County and Exclusive Sports Marketing,
Inc. covering the Publix Family Fitness Weekend/Coca-Cola Classic Triathlon Series on August
13-15,2004 in an amount not to exceed $20,000, DAC V, FY 2004 Event Resources.
Turn Key Events Agreement between Monroe County and Upper Keys Community Pool
covering the Orange Bowl Swimming Event and Winter Training in an amount not to exceed
$15,000, DAC V, FY 2004 Event Resources.
ITurn Key Events Agreement between Monroe County and Key West Tourist
Development Association covering Fantasy Fest 2004 in an amount not to exceed $115,000.
Turn Key Events Agreement between Monroe County and Key West Investment
Syndicate, Inc. covering the Marathon Offshore Grand Prix on May 14-16, 2004 in an amount not
to exceed $120,000, DAC III, FY 2004 Event Resources.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator w/o documents
County Attorney
Finance
File.!
Turn Key Events Aareement
This AGREEMENT dated the L 7 i1ay of ~H 2004. is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL,
hereinafter "TDC" and Key West Tourist Development Association, hereinafter "Key
West Tourist Development Association".
WHEREAS, the BOCC finds it in the best interest of the County to promote
tourism by entering into this agreement,
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as follows:
1. The BOCC agrees to pay $115,000 (One Hundred and Fifteen Thousand
Dollars) for Fantasy Fest on October 22 through October 31, 2004 from tourist
development tax funds provided Event sponsor meets all of its obligations under this
agreement.
2. Scope of Services: Key West Tourist Development Association agrees to
provide the County with an event as specified in the Scope of Services;
a. A one day Street Fair with food, beverage, and arts and crafts
vendors
b. An evening Masquerade March through the streets, originating at
the City Cemetery and terminating at the Street Fair
c. A Duval Street Promenade of food and beverage vendors
d. Provide Fantasy Fest parade
e. Provide live internet coverage of the Fantasy Fest Parade and
national media for several of the festival's events
f. Coordination and promotion of a minimum of thirty (30) activities
sanctioned by Fantasy Fest
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed
and verified by the Tourist Development Council (TDC) Administrative Office, proving
that event has been produced and promoted through print advertising, news releases,
and the required insurance was obtained no less than twenty days prior to the event,
BOCC shall pay $115,000.
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Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the SOCC.
4. Accounting: Financial records of Key West Tourist Development
Association pertaining to this project shall be kept on generally recognized accounting
principles and shall be available to the SOCC or to an authorized representative for
audit. Records shall be retained a minimum of three years after contract has been
performed.
5. Modification: Any changes to this contract may be made only by written
mutual agreement, recommended by the TDC and approved by the SOCC.
6. Termination: This Agreement will be terminated on September 30,2005.
All invoices must be submitted prior to September 30, 2005.
7. Non Occurrence of Event: Key West Tourist Development Association
shall give written notice to the Monroe County Tourist Development Council if it is found
necessary to cancel an event. The notice shall contain the following specifics: 1 )
reason for cancellation, 2) documentation of the reason for cancellation and 3) person
authorized to cancel including title and stated affiliation.
8. Indemnification and Hold Harmless: Key West Tourist Development
Association agrees to indemnify and hold harmless Monroe County Soard of County
Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any
other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of the event sponsored by Key West Tourist
Development Association
9. Insurance Reauirements: Key West Tourist Development Association, as
a pre-requisite of the Special Event governed by this agreement, shall obtain, at its own
expense, insurance as specified in this section:
Key West Tourist Development Association will not be permitted to commence
work associated with the Event (including pre-staging of personnel and material) until
satisfactory evidence of the required insurance has been furnished to the County as
Fantasy Fest 2004
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specified below. Key West Tourist Development Association shall maintain the required
insurance throughout the entire duration of the Special Event, and any extensions
specified in any attached schedules. Failure to comply with this provision shall release
County of any obligation to compensate event sponsor. Further, any material
misstatement in the application for insurance coverage shall release County from it's
obligations to pay under this agreement. Key West Tourist Development Association
shall provide, to the County, as satisfactory evidence of the required insurance,
including the insurance policy application and either:
* Original Certificate of Insurance
or
* Certified copy of the actual insurance policy
An original certificate or a certified copy of any or all insurance policies required
by this contract shall be filed with the Clerk of the BOCC prior to the Event. The
Insurance policy must state that the Monroe County BOCC and Monroe County
TOC is the Certificate Holder and additional Insured for this event. Insurance
should be mailed to:
Monroe County Board of County Commissioners
C/O Risk Management
1100 Simonton Street
Room 2-277
Key West, FL 33040
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
Acceptance and/or approval of Key West Tourist Development Association's
insurance shall not be construed as relieving Key West Tourist Development
Association from any liability or obligation assumed under this contract or imposed by
law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies.
Any deviations from these General Insurance Requirements must be requested
in writing on the County form titled "Request for Waiver of Insurance Requirements"
and must be approved by Monroe County Risk Management.
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Key West Tourist Development Association shall furnish the County with a
certificate evidencing the insurance required by this paragraph not later than twenty
(20) days prior to the event.
Prior to commencement of work governed by this contract, Key West Tourist
Development Association shall obtain General Liability Insurance Coverage that shall
be maintained throughout the life of the contract and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
* $500,000.00 per Person
* $1,000,000.00 per Occurrence
* $100,000.00 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the
effective date of
this contract. In addition, the period for which claims may be reported should extend for
a minimum of twelve (12) months following the acceptance of work by the County.
10. Permits: Key West Tourist Development Association will secure all
required permits, licenses including but not limited to occupational licenses.
11. Laws and Reaulations: Any and all services, materials and equipment
shall comply fully with all Local, State and Federal laws and regulations, and Key West
Tourist Development Association agrees that the venue for any dispute concerning this
agreement shall be in Monroe County, Florida.
12. Taxes: The BOCC and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
13. Finance Charaes: The BOCC and TDC will not be responsible for any
finance charges.
Fantasy Fest 2004
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14. Relation of SOCC/TDC: It is the intent of the parties hereto that Key West
Tourist Development Association shall be legally considered as an independent
contractor and that neither it nor its employees shall, under any circumstances, be
considered servants or agents of the SOCC and TDC, and the SOCC and TDC shall at
no time be legally responsible for any negligence on the part of said Event Sponsor, its
employees or agents, resulting in either bodily or personal injury or property damage to
any individual, firm, or corporation.
15. Disclosure: Key West Tourist Development Association shall be required
to list any or all potential conflicts or interest, as defined by Florida Statute 112 and
Monroe County Code. Key West Tourist Development Association shall disclose to the
SOCC and TDC all actual or proposed conflicts of interest, financial or otherwise, direct
or indirect, involving any client's interest which may conflict with the interest of the
SOCC and TDC.
16. Assianment: Key West Tourist Development Association shall not assign,
transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its
right, title or interest therein, or his or its power to execute such agreement to any
person, company or corporation without prior consent of the TDC and SOCC.
17. Compliance with laws - Nondiscrimination: Key West Tourist Development
Association shall comply with all federal, state and local laws and ordinances applicable
to the work or payment for
work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age,
or national origin in the performance of work under this Agreement. This Agreement
shall be subject to all federal, state, and local laws and ordinances.
18. Security Protection: Key West Tourist Development Association agrees to
provide adequate security for the event.
19. Ethics Clause: Key West Tourist Development Association warrants that it
has not employed, retained or other wise had act on its behalf, any former County office
or employee in violation of Section 2 or Ordinance No.1 0-1 990 or any County officer or
employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of
the provision the County may, at its discretion terminate this agreement without liability
and may also, at its discretion, deduct from the agreement or purchase price, or
Fantasy Fest 2004
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otherwise recover, the full amount of any fee, commIssIon, percentage, gift, or
consideration paid to the former or present County officer or employee.
20. Loao: All promotional literature and display advertising with the exception
of generic advertising must display the "Florida Keys & Key West, Monroe County
Tourist Development Council Come As You Are" logo/trade mark (as per enclosed).
This logo/trade mark was adopted by the TDC and County in November 2000. Radio
Advertising should read "Brought to you by the Monroe County Tourist Development
Council". No reimbursement or direct payment will be considered unless this logo/trade
mark is utilized.
21. Severability: If any provision of this Agreement shall be held by a Court
of competent jurisdiction to be invalid or unenforceable, all remaining provisions shall
not be affected thereby; and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
22. Authority: Each of the signatories for the sponsor below certifies and
warrants that:
a) The sponsor's name in the agreement is the full name as designated in its
corporate charter, and b) they are empowered to act and execute agreement for the
sponsors and c) this agreement has been approved by the sponsor's Board of
Directors.
23. Public Entity Crimes: "A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list".
24. Force Maieure: Key West Tourist Development Association shall not be liable
for delay in performance or failure to produce the event in whole or in part due to the
occurrence of any contingency beyond its control or the control, including war or act of
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war whether an actual declaration thereof is made or not, act of terrorism impacting
travel in the United States, insurrection, riot or civil commotion, act of public enemy,
epidemic, quarantine restriction, storm, flood, drought or other act of God, act of nature
(including presence of endangered animal species which cannot be timely removed in a
safe manner) or any act of any governmental authority which prohibits the event to be
produced, in full or in part, as described and which Key West Tourist Development
Association has exercised reasonable care in the prevention thereof. Any delay or
failure due to the causes stated shall not constitute a breach of the Agreement. Upon
demand of TDC or BOCC, Key West Tourist Development Association must furnish
evidence of the causes of such delay or failure. BOCC shall not pay for any services or
activities, promotional or otherwise, connected with an event produced after the date(s)
described in paragraph 1 and Scope of Services.
25. Entire Aareement:
constitutes the entire agreement
Development Association.
The parties agree that the Agreement above
between the BOCC and Key West Tourist
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL)
Key West Tourist Development
ASSOCiati~
By I
P .d /
resl e _
Attest:
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A~t~J->-J\MN~ L. KOLHAGE, Clerk
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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