FY2006 04/19/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 2, 2006
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. Hanc~
Deputy Clerk U
At the April 19, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
/Turn Key Events Agreement between Monroe County and. Key West Tourist
Development Association, Inc. covering Fantasy Fest 2006 in an amount not to exceed $116,500
($85,000 DAC I, FY 2006 Event Resources; $5,000 DAC II, FY 2006 Event Resources; $10,000
DAC III, FY 2006 Event Resources; $16,500 DAC V, FY 2006 Event Resources).
Destination Events Agreement between Monroe County and Racers Invitational, Inc.
covering the Racers Invitational Nascar Fan Fest on November 14-15, 2006 in an amount not to
exceed $15,000 DAC IV, FY 2006 Event Resources.
Addendum to Agreement between Monroe County and Dove Creek Co. to revise dates of
the Ghost Hunt Tournament to September 8-9,2006.
Addendum to Agreement between Monroe County and Dolphin Research Center, Inc. to
extend Agreement for the Fish Freezer and the Restoration of the Front Sign project to March 31,
2007.
Amendment to Agreement between Monroe County and Prange & O'hearn Insights, Inc.
.for extension and monetary compensation to provide Visitor Profile Survey Services.
Amendment to Agreement between Monroe County and The Florida Keys History of
Diving Museum, Inc. for their Phase IB project to March 31,2007, and to update the name of the
Project Manager.
Amendment to Interlocal Agreement between Monroe County and Islamorada Village of
Islands to extend the Agreement for the Fishing Pier Project to September 30,2007.
Amendment to Interlocal Agreement between Monroe County and Islamorada Village of
Islands to extend the Agreement for the Amphitheater project to March 31, 2007.
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 Attorney
Finance
File
O~~~2!!~E
(305) 294-4641
r'-~
BOARD OF COUNTY COMMISSIONERS
Mayor Chanes 'Sonny" McCoy, District 3
Mayor Pro Tern Dixie M. Spehar, DistJict 1
George Neugent, District 2
David P. Rice, District 4
Glenn PatlDn, District 5
Suzanne A. Hutton, County Attorney"''''
Robert B. Shillinger, Chief Assistant County Attorney"
Pedro J. Mercado, Assislmlt County Attorney
Susan M. Grimsley, Assistant County Attorney
Natileene W. Cassel, Assistant County Attorney
Jerry D. Sanders, Assistant County Attorney
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
(305) 292-3470 - Phone
(305) 292-3516 - Fax
.. Board Certified in city, Coonty & Local Govt Law
June 30, 2006
Danny Kolhage, Clerk of the Board
Monroe County Board of County Commissioners
Po Box 1426
Key West, FL 33041
Re: Scrivener's Error IDC
Key West Tourist Development Association, Inc. Contract
Dear Mr. Kolhage:
Paragraph I of the Agreement dated April 19, 2006 between Monroe County and the Key West Tourist
Development Association, Inc. authorizes the County to pay the contractor the sum of $116,500.00. The numbers
on the first page, the numbers total for payment under paragraph 3, and the agenda item summary and board
minutes all have the same number. However, the number in words on the first page is "One Hundred Thousand
Dollars."
This is a scriveners error, and I would ask that you substitute the new page attached hereto in the contract. Ms.
Pacini, at the IDC, will provide copies to the contractor.
Thank you for your assistance.
~~
Susan M. Grunsley, ACA
Cc: Maxine Pacini
Turn Kev Events Aareement
This AGREEMENT dated the--'=L-day of /1;Jn / 2006, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County" or "SOCC," on behalf of the TOURIST DEVELOPMENT COUNCil,
hereinafter "TDC" and Key West Tourist Development Association, Inc., hereinafter
"Event Sponsor".
WHEREAS, Event Sponsor has proposed the presentation of a Turnkey Event as
described below; and
WHEREAS, the SOCC finds it in the best interest of the County to promote
tourism by entering into this agreement,
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as follows:
1. The SOCC agrees to pay from tourist development tax funds $116,500
(One Hundred and Sixteen Thousand and Five Hundred Dollars) for Fantasy Fest on
October 20-29, 2006 provided Event Sponsor meets all of its obligations under this
agreement.
2. ScoDe of Services: Event Sponsor agrees to provide the County with an
event as specified in the Scope of Services described in the funding application,
including the following:
1. National recognized sponsorship which will guarantee national TV,
radio and newspaper marketing
2. A one day Street Fair with food, beverage, and arts and crafts
vendors
3. An evening Masquerade March through the streets, originating at
the City Cemetery and terminating at the Street Fair
4. A Duval Street Promenade of food and beverage vendors
5. Provide Fantasy Fest parade
6. Coordination and promotion of a minimum of thirty (30) activities
sanctioned by Fantasy Fest
7. Place the official Key largo logo on all Comcast commercials and
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including broadcast and print. (Tinsley advertising to supply correct
Key Largo Logo for print and website usage).
8. Placement of official Key Largo logo on all "largest sponsor"
promotions and credits
9. Placement of official Key Largo logo on the Official Fantasy Fest
Guide; 50,000 official Fantasy Fest event brochures; over 200
promotional posters
10. Placement of official Key Largo logo on www.fantasyfest.net. the
official Fantasy Fest Web site. Logo to be displayed under "Silver
Sponsors" on the "Sponsors" page. Logo also includes a link to
www.fla-keys.com/keylargo/
11. Permission to link from www.fla-kevs.com/kevlargo/ to
www.fantasyfest.net
12. All advertising of events to include up to three (3) Key Largo
Chamber of Commerce events
13. Permission for the Key Largo Chamber of Commerce to use the
Fantasy Fest logo on related advertising for their events
14. Ten (10), .30 second radio spots on the official Fantasy Fest
information stations and radio coverage on the day of chamber
events
3. Payment: Payment of the sum set forth in Section 1 above will be made
upon the completion of the event and upon the airing(s) of national and/or international
television when said promotion has been brought forward within the application as a
component of qualifying as a TurnKey Event and subsequently outlined within the
scope of services within the contract. Upon receipt from Event Sponsor of a proper
invoice with 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, SOCC shall pay pursuant to the Florida Prompt
Payment Act. Payments shall be broken down by district as follows: District I -
$85,000; District II - $5,000; District 111- $10,000; District V - $16,500.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the SOCC.
Fantasy Fest 2006
2
4. Accountina: Event Sponsor 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 four years following the
termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent
for purposes not authorized by this Agreement, the Event Sponsor shall repay the
monies together with interest calculated pursuant to Sec. 55.03, FS, running from
the date the monies were paid to Event Sponsor.
5. Modification: Any changes to this contract may be made only by written
mutual agreement, recommended by the TDC and approved by the BOCC.
6. Termination: This Agreement will terminate on January 31, 2007, unless
earlier terminated pursuant to Section 7 below. All invoices must be submitted prior
to January 31, 2007.
7. Non Occurrence of Event: Event Sponsor shall give written notice to the
Monroe County Tourist Development Council if it is found necessary to cancel an event.
The notice shall contain the following specifics: 1) reason for cancellation, 2)
documentation of the reason for cancellation and 3) person authorized to cancel
including title and stated affiliation.
8. Indemnification and Hold Harmless: Event Sponsor agrees to indemnify
and hold harmless Monroe County Board of County Commissioners from any and all
claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, in connection with, or by reason
of the event sponsored by Event Sponsor.
9. Insurance Reauirements: Event Sponsor, as a pre-requisite of the Special
Event governed by this agreement, shall obtain, at its own expense, insurance as
specified in this section:
Work associated with the Event (including pre-staging of personnel and
material) shall not commence until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Event Sponsor shall maintain the
required insurance throughout the entire duration of the Special Event, and any
extensions specified in any attached schedules. Failure to comply with this provision
shall release County of any obligation to compensate event sponsor. Further, any
Fantasy Fest 2006
3
material misstatement in the application for insurance coverage shall release County
from it's obligations to pay under this agreement. Event Sponsor shall provide, to the
County, as satisfactory evidence of the required insurance, including the insurance
policy application and either:
. Original Certificate of Insurance
or
. Certified copy of the actual insurance policy
Or
. Certificate of Insurance e-mailed from Insurance Agent/Company to
County Risk Management (Telephone Maria Slavik at 295-3178 for
details)
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
P.O. Box 1026
Key West, FL 33041
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
Acceptance and/or approval of Event Sponsor's insurance shall not be
construed as relieving Event Sponsor from any liability or obligation assumed under this
contract or imposed by law.
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.
Event Sponsor shall furnish the County with a certificate evidencing the
insurance required by this paragraph not later than twenty (20) days prior to the event.
Fantasy Fest 2006
4
Prior to commencement of work governed by this contract, Event Sponsor 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
* Slanket 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: Event Sponsor will secure all required permits, licenses including
but not limited to occupational licenses.
11 . Laws and Regulations: Any and all services, materials and equipment
shall comply fully with all Local, State and Federal laws and regulations.
12. Taxes: The SOCC and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
13. Finance Charges: The SOCC and TDC will not be responsible for any
finance charges.
14. Relation of SOCC/TDC: It is the intent of the parties hereto that Event
Sponsor shall be legally considered as an independent contractor and that neither it nor
its employees shall, under any circumstances, be considered servants or agents of the
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.
Fantasy Fest 2006
5
15. Disclosure: Event Sponsor shall be required to list any or all potential
conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. Event
Sponsor 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. Assignment: Event Sponsor shall not assign, transfer, convey, sublet or
otherwise dispose of this agreement, or of any or all of its right, title or interest therein,
or his or its power to execute such agreement to any person, company or corporation
without prior consent of the TDC and SOCC. The terms, covenants, conditions, and
provisions of this Agreement shall bind and inure to the benefit of the County and Event
Sponsor and their respective legal representatives, successors, and assigns.
17. Nondiscrimination: County and Event Sponsor 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. County and Event Sponsor 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 VI 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 patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation, gender
Fantasy Fest 2006ö
6
identity or expression, familial status or age; and 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.
18. Security Protection: Event Sponsor agrees to provide adequate security
for the event.
19. Ethics Clause: Event Sponsor warrants that it has not employed, retained
or other wise had act on its behalf, any former County office or employee in violation of
Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the
County may, at its discretion terminate this agreement without liability and may also, at
its discretion, deduct from the agreement or purchase price, or otherwise recover, the
full amount of any fee, commission, percentage, gift, or consideration paid to the former
or present County officer or employee.
20. Logo: 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
Fantasy Fest 2006
7
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: The Event Sponsor 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 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 for which the Event Sponsor 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; however, the SOCC shall have the right to
determine if there will be any reduction to the amount of funds due to the Event
Sponsor after consideration of all relevant facts and circumstances surrounding the
delay in performance or failure to produce the event. Upon demand of TDC or SOCC,
the Event Sponsor must furnish evidence of the causes of such delay or failure. SOCC
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. Governing Law. Venue: 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 County and Event
Sponsor agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
26. Severabilitv. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by law
unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Event Sponsor agree to reform the Agreement to replace
Fantasy Fest 2006
8
any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision.
27. Claims for Federal or State Aid. Event Sponsor and County agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds
to further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to
submission.
28. Adiudication of Disputes or Disaareements. County and Event Sponsor
agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If no resolution
can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at a public meeting of the Board of County Commissioners. If
the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law.
29. No Solicitation/Pavment. The County and Event Sponsor warrant that, in
respect to itself, it has neither employed nor retained any company or person, other
than a bona fide employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
30. Public Access. The County and Event Sponsor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other
materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and Event Sponsor in conjunction
with this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Event Sponsor.
31. Privileaes and Immunities: All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
Fantasy Fest 2006
9
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the
County.
32. Leaal Obligations and ResDonsibilities: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and
case law.
33. Non-Waiver of Immunitv: Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the County and the Event Sponsor 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, nor shall any contract
entered into by the County be required to contain any provision for waiver.
34. Non-Reliance bv 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 the County and the Event Sponsor agree that neither the County nor
the Event Sponsor 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.
35. Attornev's Fees and Costs: The County and Event Sponsor 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, court costs, investigative, and out-
of-pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses 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.
Fantasy Fest 2006
10
36. Section Headinos: Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
37. Entire Agreement: The parties agree that the Agreement above
constitutes the entire agreement between the BOCC and Event Sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL)
Attest:
Key West Tourist
Association, Inc.
Development
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MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL
Come as you are@
TH[ flORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL
Come as you are@
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