FY2007 10/18/2006
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 6, 2006
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Han~
Deputy Clerk
At the October 18, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Fishing Umbrella Event Agreements for Fiscal Year 2007 as follows: Take Stock in
Children Back Country Challenge, October 13-15,2006, in the amount of $2,350.00; Islamorada
Sailfish Tournament, November 30, 2006 to December 3,2006, in the amount of$6,000.00; Key
West Fishing Tournament, Inc., December 1, 2006 through November 30, 2007, in the amount of
$45,000.00; Don Gurgiolo Sailfish Classic, December 7-9, 2006, in the amount of $3,300.00;
Islamorada Junior Sailfish Tournament, December 15-17, 2006, in the amount of $1,700.00; Key
Largo Sailfish Tournament, January 5-7,2007, in the amount of$3,850.00; The Outdoor Channel
Offshore Classic, January 14-27, 2007, in the amount of $5,000.00; Hog's Breath King Mackeral
Tournament, January 26-28, 2007, in the amount of $17,000.00; Islamorada Women's Sailfish
Tournament, February 4-6, 2007, in the amount of $2,000.00; 9th Annual Capt. Leon Shell
Memorial Sailfish Tournament, March 2-4, 2007, in the amount of $10,000.00; Islamorada
All-Tackle Spring Bonefish Tournament, March 27-30,2007, in the amount of$I,500.00; Ocean
Reef BTU Backbone Classic, April 15-17, 2007, in the amount of $5,350.00; World Sailfish
Championship, April 17-21, 2007, in the amount of $37,500.00; Tarpon Tournament, April 28,
2007 to May 3, 2007, in the amount of $3,000.00; Key Largo Dolphin Blast, April 29, 2007 to
May 1, 2007, in the amount of $3,350.00; 21" Annual Faro Blanco Invitational Tarpon
Tournament, May 5-10,2007, in the amount of $3,000.00; 31" Ladies Tarpon Tournament, May
6-7,2007, in the amount of $6,000.00; 41" Annual Marathon International Tarpon Tournament,
May 12-14,2007, in the amount of$8,000.00; Coconuts Dolphin Tournament, May 18-20, 2007,
in the amount of$12,350.00; Golden Fly Tarpon Tournament, May 20-23,2007, in the amount of
$1,500.00; Yamaha Dolphin Masters Invitational, May 26, 2007, in the amount of $1,000.00;
Don Hawley Tarpon Tournament, June 3-8, 2007, in the amount of$I,500.00; Big Pine & Lower
Keys Dolphin Tournament, June 15-27, 2007, in the amount of $9,000.00; Gold Cup Tarpon
Tournament" June 17-22, 2007, in the amount of $1,500.00; Burdines Waterfront 7th Annual
Dolphin and Blackfin Fun Fish!, June 22-24, 2007, in the amount of $6,000.00; Key West Gator
Club Dolphin Derby, June 22-24, 2007, in the amount of $8,000.00; Conch Republic Ladies
Dolphin Championship, June 30, 2007, in the amount of $1,000.00; Del Brown Invitational
Permit Tournament, July 17-20, 2007, in the amount of$I,OOO.OO; Key West Marlin Tournament,
July 18-21, 2007, in the amount of $24,000.00; Dolphin Flashover, July 28-30, 2007, in the
amount of$2,500.00; Redbone @ Largo Little Palm Island Grand SLAM, August 14-16, 2007, in
the amount $5,500.00; Ghost Hunt, September 7-8, 2007, in the amount of $4,350.00; Mercury
Slam Celebrity Tournament, September 7-9, 2007, in the amount of $11,000.00; Islamorada
Invitational Fall Fly Bonefish, September 18-21, 2007, in the amount of $1,500.00; Mercury
Baybone Celebrity Tournament, September 28-30, 2007, in the amount of $7,350.00; Mercury
Outboards Bonefishing World Championship Islamorada All-Tackle Bonefishing Tournament,
October 7..12, 2007, in the amount of $1,500.00; "Ladies, Let's Go Fishing!" Islamorada,
October 15, 2007, in the amount of $2,000.00; and Mercury Cheeca/Redbone Celebrity
Tournament, November 30,2007 to December 2,2007, in the amount of$5,500.00.
Grant Award Agreement between Monroe County and Key West Art & Historical Society
for the Custom House Museum Repairs and Improvements project in an amount not to exceed
$70,425, DAC I, FY 2007 Capital Resources.
Assignment and Amendment to Extend the Agreement between Monroe County and
Artificial Rllefs of the Keys for the Vandenberg Project to the City of Key West.
Destination Events Agreement between Monroe County and the Lower Keys Chamber of
Commerce, Inc. covering the 6th Annual Lower Keys Jazz Festival on March 25, 2007 in an
amount not to exceed $8,000, DAC II, FY 2207 Event Resources.
Destination Events Agreement between Monroe County and the Upper Keys Rotary
Foundation, Inc. covering the 12th Annual Gigantic Nautical Flea Market on February 24-25,2007
in an amount not to exceed $15,000, DAC IV, FY 2007 Event Resources.
Turn Key Events Agreement between Monroe County and Premiere Racing, Inc. covering
Acura Key West 2007 on January 14-19,2007 in an amount not to exceed $100,000, DAC I, FY
2007 Event Resources.
Turn Key Events Agreement between Monroe County and Upper Keys Community Pool,
Inc. covering Orange Bowl Winter Training & Swim Classic between December 15, 2007 and
January 18, 2008 in an amount not to exceed $30,000, DAC V, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Upper Keys Association of
Dive and Snorkel Operators, Inc. covering the Island Sun Splash 2007 in an amount not to exceed
$64,400 ($32,200, DAC IV, FY 2007 Event Resources and $32,200, DAC V, FY 2007 Event
Resources) .
Grant Award Agreement between Monroe County and Mitchell Wolfson Family
Foundation, Inc. covering the Rehabilitation of the Audubon Geiger House Museum project in an
amount not to exceed $15,000, DAC I, FY 2007 Capital Resources.
Destination Events Agreement between Monroe County and the Gay & Lesbian
Community Center of Key West, Inc. covering PrideFest 2007 on June 3-11,2007 in an amount
not to exceed $38,000, DAC I, FY 2007 Event Resources.
JDestination Events Agreement between Monroe County and Florida Keys Land & Sea
Trust, Inc. covering the Bahamian Festival on January 26-28, 2007 in an amount not to exceed
$8,000, DAC III, FY 2007 Third Penny Event Resources.
Destination Events Agreement between Monroe County and Islamorada Chamber of
Commerce covering the Florida Keys Holiday Festival on November 20, 2007 to December 1,
2007 in an amount not to exceed $25,000, DAC IV, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Take Chances at the Helm,
Inc. covering the Tradewinds Open Catamaran Nationals Regatta on January 12-14, 2007 in an
amount not to exceed $20,000, DAC IV, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Key West Business Guild,
Inc. covering Tropical Heat on April 12-15, 2007 in an amount not to exceed $17,000, DAC I,
FY 2007 Event Resources.
Destination Events Agreement between Monroe County and the Greater Marathon
Chamber of Commerce, Inc. covering the Original Marathon Seafood Festival on March 17-18,
2007 in an amount not to exceed $25,000, DAC III, FY 2007 Third Penny Event Resources.
Grant Award Agreement between Monroe County and Mote Marine Laboratory, Inc.
covering the Mote Marine Lab Living Reef Exhibit project at the Dr. Nancy Foster Florida Keys
Eco Discovery Center in an amount not to exceed $200,000, DAC I, FY 2007 Capital Resources.
Grant Award Agreement between Monroe County and Key West Film Society, Inc. for
the Tropic Cinema Phase 4 project in an amount not to exceed $40,552, DAC I, FY 2007 Capital
Resources.
Cultural Umbrella Event Agreements for Fiscal Year 2007, as follows: Island Opera
Theatre Concert Series, October I, 2006 to June 30, 2007, in the amount of $20,500.00; "The
Tempest" -- Hurricanes that Tormented Spanish Shipping, 1550-1750, October 1, 2006 to
September 30, 2007, in the amount of $24,433.00; In Their Own Words, The History of the Key
West Lighthouse, October I, 2006 to September 30, 2007, in the amount of $24,434.00; Key
West Players d/b/a Waterfront Playhouse, October 1, 2006 to September 30,2007, in the amount
of $21,000.00; Marathon Community Theatre Season 2006-2007, October 1, 2006 to September
30,2007, ill the amount of $20,000.00; Performance at St. Paul's, October 1,2006 to September
30, 2007, in the amount $5,000.00; Red Barn Theatre/Live Theatre, October 1, 2006 to
September 30, 2007, in the amount of $21,000.00; Purple Isles 41" Annual Members' Judged
Show Two additional Outdoor Shows, November 1, 2006 to March 31, 2007, in the amount of
$10,000; South Florida Center for the Arts Season Historic Holiday Candlewalk; 2007 Upper
Keys Concert Series; Bonus Benefit Concert; St. Patrick's Pops in the Park, November 1, 2006 to
March 31,2007, in the amount of $25,000.00; Pops in the Park, November 1,2006 to April 28,
2007, in the amount of$13,570.00; Tennessee Williams Theatre 2006-2007 Season, November 1,
2006 to June 30, 2007, in the amount of $20,000; Impromptu Concerts, November 1, 2006 to
July 31, 2007, in the amount of $13,500.00; The Key West Pops Orchestra, November 11, 2006
to February 3, 2007, in the amount of $9,000.00; "Man's Quest to Explore Under the Sea",
November 15, 2006 to September 19, 2007, in the amount of$18,068.00; Florida Keys Art Guild
Outdoor Art Festivals, November 25, 2006 to May 28, 2007, in the amount of $21,000.00;
Marathon Garden Club's 2006/2007 Seasonal Events, December 1,2006 to March 31,2007, in
the amount of $18,000.00; Key West Symphony Orchestra 2006-2007 Season, December 2,2006
to June 29, 2007, in the amount of $20,000.00; 4Th Annual Key West House & Garden Tours;
45th Annual Conch Shell Blowing Contest, December 29,2006 to March 31,2007, in the amount
of $13,500.00; Middle Keys Concert Season, January 1,2007 to March 31, 2007, in the amount
of $11,000.00; Sculpture Key West, January 6, 2007 to April 22, 2007, in the amount of
$21,000.00; 25th and 26th Annual Key West Literary Seminar, January 7, 2007 to January 13,
2008, in the amount of $9,000.00; Art Under the Oaks, January 12-13, 2007, in the amount of
$7,565.00; Key West Craft Show, January 27-28, 2007, in the amount of $5,000.00; Civil War
Heritage Days, February 8-11, 2007, in the amount of $5,000.00; Pigeon Key Art Festival,
February 9-11,2007, in the amount of $10,000.00; Old Island Days Art Festival, February 24-25,
2007, in the amount of $5,000.00; Robert Frost Poetry Festival, April 11-15, 2007, in the amount
of $5,000.00; Harry S. Truman Legacy Symposium & Exhibit: Los Alamos to the Everglades;
Truman's Environmental Legacy, June 7-9, 2007, in the amount of $15,000.00; 23m Annual
Underwater Music Festival, July 14, 2007, in the amount of $9,500.00; and Florida Keys Birding
and Wildlife Festival, September 28-30,2007, in the amount of$8,738.00.
Grant Award Agreement between Monroe County and the Dolphin Research Center, Inc.
for the Dolphin Research Center Hurricane Recovery project in an amount not to exceed $47,200,
DAC III, FY 2007 Capital Resources.
Interlocal Agreement between Monroe County and the City of Key West in an amount not
to exceed $43,750, DAC I, FY 2007 Capital Project Resources for the White Street Pier Rip Rap
Installation project.
Interlocal Agreement between Monroe County and the City of Key West for the Beach
Renourishment Project in an amount not to exceed $77,550, DAC I, FY 2007 Capital Project
Resources.
Addendum to Agreement between Monroe County and Dolphin Research Center, Inc. for.
the Fish Freezer and Restoration of the Front Sign project.
Agreement between Monroe County and Islamorada Village of Islands for the Beach
Maintenance Services in an amount not to exceed $59,408, DAC IV, FY 2007 Capital Resources.
Interlocal Agreement between Monroe County and the City of Key West for use of
Tourist Development Funds for the Vandenberg Project in an amount not to exceed $750,000,
DAC I, Capital Resources ($375,000, DAC I, FY 2007, Capital Project Resources; $375,000,
DAC I, FY 2007, Capital Project Resources).
Destination Events Agreement between Momoe County and Islamorada Chamber of
Commerce, Inc. covering the 16th Annual Florida Keys Island Festival on May 19-20,2007 in an
amount not to exceed $35,000, DAC IV, FY 2007 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 Attorney
Finance
File
Destination Events Aareement
THIS AGREEMENT is entered into this Iff:/A.- day of O~, 2006 by and
between BOARD OF COUNTY COMMISSIONERS (County or BOCC), MONROE
COUNTY, FLORIDA, and the Florida Keys Land & Sea Trust, Inc. (Event Sponsor).
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as follows:
1. The BOCC agrees to pay from tourist development tax funds up to $8,000
(Eight Thousand Dollars) for advertising and public relations for the Bahamian Festival
on January 26-28, 2007 (See Exhibit A).
2. Scope of Services: Event Sponsor agrees to provide the County with an event
as specified below:
a).
b).
A three (3) day Bahamian Festival to include authentic
Bahamian/Caribbean artists, Bahamian musicians, historic
reenactments, demonstrations of charcoal making and tabby
building construction, guest speakers presenting topics including
Bahamian culture and the Bahamian influence and history in the
Florida Keys
Vendors will include authentic Bahamian food and children's arts
and crafts including dance and costumes
3. All advertising and public relations services or supervision of advertising
and public relations will be provided through the contracted agencies of the Tourist
Development Council (TDC) and BOCC. The agencies of record shall receive payment
of work in progress upon submission of documented invoices associated with said
event.
4. Payment: Any payments directly to Event Sponsor or vendors associated
with said event shall be as follows:
Event Sponsor shall submit to TDC an invoice which shall indicate the
task completed for which payment is sought, with proper documentation attached. No
more than 10% of the total advertising and promotional costs paid under this agreement
shall be attributable to in-county activity. County shall pay Event Sponsor, or directly to
vendor upon request of Event Sponsor, pursuant to the Local Government Prompt
Payment Act upon receipt of a proper invoice.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC. Only acceptable expenses
listed in the Monroe County Tourist Development Council Operations Manual shall be
paid.
Bahamian Festival
Destination Funding FY 2007
5. Accountinq: 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 Event Sponsor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Contractor 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.
6. Modification: Line item changes to the advertising and promotion budget
may be made up to but not exceeding 10% of the larger line item amount without
requiring BOCC approval of the particular change.
7. Breach and Penalties: The parties agree to full performance of the
covenants contained in this agreement, and the BOCC reserves the right at its
discretion, provided such breach is material, to terminate this agreement for any
misfeasance, malfeasance, or nonperformance of the agreement terms or negligent
performance of the agreement terms by Event Sponsor.
8. Termination: This Agreement will terminate on September 30, 2007,
unless earlier terminated pursuant to paragraph 7 or 9. All invoices must be submitted
prior to September 30,2007.
9. Non Occurrence of Event: If the event does not take place for any reason
under control of Event Sponsor except for those reasons in paragraph 19, then Event
Sponsor agrees to refund to the SOCC any amounts already paid under this agreement,
and relieve the SOCC from any further payments.
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.
10. Indemnification and Hold Harmless: Event Sponsor covenants and 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 services provided, event sponsored, or other activities and funding
associated with this agreement, except those losses or damages caused by SOCC or
its agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above. The extent of liability is in no way limited to,
Bahamian Festival
Destination Funding FY 2007
2
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement. This provision shall survive the expiration or earlier termination of this
Contract.
11. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special
Event governed by this agreement, shall obtain, at its own expense, insurance as
specified in this section.
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 may result in
the immediate suspension of the Event until the required insurance has been reinstated
or replaced. Event Sponsor shall provide, to the County, as satisfactory evidence of the
required insurance, either:
* Certificate of Insurance
or
* Certified copy of the actual insurance policy
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.
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.
Prior to commencement of work governed by this contract, Event Sponsor shall
obtain General Liability Insurance. Coverage shall be maintained through out 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
Bahamian Festival
Destination Funding FY 2007
3
*
$1,000,000.00 per Occurrence
$100,000.00 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported should extend for a minimum of twelve (12) months following the acceptance
of work by the County.
Recognizing that the work governed by this contract involves the sales and/or
distribution of alcoholic beverages, the Event Sponsor's General Liability Insurance
policy shall include Liquor Liability with limits equal to those of the basic coverage.
A separate Liquor Liability policy is acceptable if the coverage is not more
restrictive than the contractor's General Liability policy.
*
12. Permits: Event Sponsor will secure all required permits, licenses including
but not limited to occupational licenses.
13. Taxes: The SOCC and TOC are exempt from Federal Excise and State
of Florida Sales Tax.
14. Finance Charqes: The SOCC and TOC will not be responsible for any
finance charges.
15. Relation of SOCC/TOC: 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 TOC and the SOCC and TOC shall at no time be legally responsible for any
negligence on the part of said Event Sponsor, its employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or
corporation.
16. 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 TOC 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 TOC.
17. Assiqnment: 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 SOCC.
18. Comoliance with laws: Event Sponsor shall comply with all federal, state
and local laws and ordinances applicable to the work or payment for work thereof.
19. Nondiscrimination. County and Contractor agree that there will be no
discrimination against any person, and it is expressly understood that upon a
Bahamian Festival
Destination Funding FY 2007
4
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 or Contractor 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 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.
20. Force Maieure: Event Sponsor shall not be liable for delay in performance
or failure to perform in whole or in part, the services due to the occurrence of any
contingency beyond its control or the control of any of its subcontractors or suppliers,
including labor dispute, strike, labor shortage, war or act of war whether an actual
declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of
public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood,
drought or other act of God, act of any governmental authority, jurisdictional action, or
insufficient supply of fuel, electricity, or materials or supplies, or technical failure where
the Event Sponsor has exercised reasonable care in the prevention thereof, and any
such delay or failure shall not constitute a breach of the Agreement. Upon demand of
TDC or SOCC, 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.
21. Governinq LawlVenue: This Agreement shall be governed and construed
by and in accordance with the laws of the State of Florida and the County of Monroe
and Federal law. Venue for any dispute concerning this Agreement shall be in Monroe
County.
Bahamian Festival
Destination Funding FY 2007
5
22. Securitv Protection: Event Sponsor agrees to provide adequate security
for the event. No TDC funds will be used for this purpose.
23, Ownership: All advertising and promotion work performed under the
agreement and paid for by the BOCC and TDC shall be the property of the BOCC and
TDC, for whatever use and/or disposition the BOCC and TDC may deem appropriate.
24. LOQo: All promotional literature and display advertising with the exception
of generic advertising must display the "Florida Keys & Key West, Monroe County
Tourist Development Council Come As You Are" logo/trade mark (as per enclosed).
This logo/trade mark was adopted by the TDC and County in November 2000. No re-
imbursement will be provided to those entities utilizing the old logo/trade mark "Florida
Keys & Key West Come as you are", Radio Advertising should read "Brought to you
by the Monroe County Tourist Development Council",
25. Severabilitv: If any provision of this Agreement shall be held by a Court
of competent jurisdiction to be invalid or unenforceable, the 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.
26. Authoritv: 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 agreement for the sponsors
and c) this agreement has been approved by the sponsor's Board of Directors.
27. Ethics Clause: Event Sponsor warrants that it has not employed, retained
or other wise had act on its behalf, any former COUNTY officer or employee in violation
of Section 2 or Ordinance No. 10-1990 or any COUNTY officer or employee in violation
of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the
COUNTY may, at its discretion terminate this agreement without liability and may also,
at its discretion, deduct from the agreement or purchase price, or otherwise recover, the
full amount of any fee, commission, percentage, gift, or consideration paid to the former
or present COUNTY officer or employee.
28, Public Entitv 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
period of 36 months from the date of being placed on the convicted vendor list."
Bahamian Festival
Destination Funding FY 2007
6
29. Federal and 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.
30. 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.
31. Non-Waiver of Immunitv: Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the County and the Contractor 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.
32. 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
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.
33. Leaal Obliaations and Responsibilities: Non-Deleaation 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.
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 Contractor agree that neither the County nor the
Contractor 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
Bahamian F esti val
Destination Funding FY 2007
7
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. Section Headinqs: 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.
36. 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 Contractor
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.
37. 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 Contractor in conjunction
with this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Contractor.
38. 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 Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
39. 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
Bahamian Festival
Destination Funding FY 2007
8
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.
40. Entire Aareement: The parties agree that the Agreement above
constitutes the entire agreement between the BOCC and Event Sponsor.
;" ,;t!o
IN\:VV~i" IVVHEREOF, the parties hereto have executed this agreement the
day ~ ~ ifS .1: written.
(S~~~~. :"
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Attesh;;p;.~~. . ,- ge. Clerk
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Deputy Clerk
Board of County Commissioners
of Monroe County
M""'IC9.t,,"
(CORPORATE SEAL)
Attest:
Florida Keys Land & Sea Trust, Inc.
By.
Secretary
B, ~J,tk
/ President
GLEN ~E
Print Name
Print Name
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OR TWO WITNESSES C) Cl =>
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Bahamian Festival
Destination Funding FY 2007
SUSAN M. GRI
ASSISTANT COUNT
Date Y-l l..-6 C.
9
EXHIBIT A
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
DESTINATION EVENT BUDGET
BUDGET BREAKDOWN
line items listed below must be approved by the appropriate agency of record
FISCAL YEAR 2007
EVENT NAME:
THE BAHAMIAN FESTIVAL
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/intemet advertising only
$6,864
PROMOTIONAL SIGNS: posters/banners
$336
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups
DIRECT MAIL PROMOTIONS: brochureslpamphlelsJ
postage & shipping
$400
PROGRAMS:
PUBLIC RELATIONS
"GENERAL NON-ALLOCATED
TOTAL:
$400
$8,000
"GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF T1iE ABOVE BUDGET.
AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TOC ITEMS.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM T1iE BUDGETED LINE ITEMS
NOTED ABOVE.
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