FY 1991
FANTASY FEST '91 CONTRACT
F ! L f~ 0 :~ (l r: ~-~ r (, n P l"l
THIS9l<<\~~iM:.HNtrl ~ entered into this 5-rh day of June , 1991, by
and between ,.QOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(BOCC) ahkUlthe Association. for Tourism Development.
NOW, THEREFORE, for and in consideration of the mutual covenants,
contained herein the parties agree as follows:
1. The BOCC agrees to pay up to $ 90,000.00 for Fantasy Fest '91,
October 18 through 27, 1991 from tourist development tax funds. (See Event
Budget, Exhibit A.)
2. Scope of Services: Association for Tourism Development agrees to
provide the County with an eight (8) day event as specified in the Scope of
Services which is incorporated by reference (see Exhibit B).
3 · All advertising and public relations services or supervision of
advertising and public relations will be provided through the contracted
agencies of the TDCIBOCC. The agencies of record, Tinsley Advertising and Stuart
Newman Associates shall receive payment of work in progress upon submission
of documented invoices associated with said event.
4. Pa~ment: Any payments directly to the Association for Tourism
Development or vendors associated with said event shall be as follows:
Payment upon presentation of an invoice shall indicate the task
completed for which payment is sought, with proper documentation attached.
Upon completion of said event, a financial statement detailing all
revenue and expenses utilizing generally accepted accounting principals shall be
prepared, notarized and submitted by the event sponsor. Stuart Newman
Associates (or alternative) shall confirm compliance with the Scope of Services.
All payments are specifically contingent upon availability of TDC
funds. Only acceptable expenses listed in the Monroe County Tourist
t,
Development Council Operations Manual shall be paid.
5. Accounting: Financial records of the Association for Tourism
Development pertaining to this project shall be kept on generally recognized
accounting principles and shall be available to the BOCC or to an authorized
representative f~or audit.
6. Modification: Additions to, modifications to, or deletions from the
Scope of Services set forth in this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the BOCC.
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7 · Breach and Penalties: The parties agree to full performance of the
covenants contained in this contract, and the BOCC reserves the right at its
discretion, provided such breach is material to terminate the services in this
contract for any misfeasance, malfeasance, or nonperformance of the contract
terms or negligent performance of the contract terms by Association for Tourism
Development. The BOCC/fDC will notify in writing the A TD of such breach and
will allow A TD thirty (30) days to cure before termination.
8. Termination: 120 days after the date of the event, the contract will
be terminated. All invoices must be submitted within the 120 day period.
9 · Non Occurrence of Event: If the Twilight Grand Parade does not take
place, for any reason under control of the Association for Tourism Development
except for those reasons in paragraph 21, then the Association for Tourism
Development agrees to refund to the BOCC any amounts already paid to them or
their vendors, and relieve the BOCC from any further payments.
The Association for Tourism Development shall give written notice to
the Monroe County Tourist Development Council if it is found necessary to cancel
the event. The notice shall contain the following specifics: 1) reason for
cancellation, 2) substantiation of the reason for cancellation and 3) person
authorized to cancel including title and stated affiliation.
10. Risk of Loss: The Association for Tourism Development agrees to
relieve Monroe County of all risks for loss or damage during the event not
caused by BOCC or its agents.
11. Indemnification and Hold H~rmless: The Association for Tourism
Development, agrees to indemnify and hold Monroe County harmless for any and
all claims, liability, losses and causes of action which may arise out of the
fulfillment of the agreement.
It agrees to pay all claims and losses and shall defend all suits filed
due to the negligent acts, errors or omissions of the Association for Tourism
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Development employees and/or agents, including related court costs.
12. Insurance Requirements: The Association for Tourism Development,
shall carry during the term of this agreement public liability insurance, including
bodily injury and property loss damage to cover all claims, demands or actions
by any person or entity in anyway arising from the operation, of this event(s).
Such liability insurance shall be in an amount not less than $1,000,000. Monroe
County shall be named as additional insured under the insurance policy and such
insurance shall be primary and noncontributing with any insurance carried by
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the County. The Association for Tourism Development, shall furnish the County
with a certificate evidencing the insurance required by this paragraph not later
than twenty (20) days prior to the event.
13 · Permits: The Association for Tourism Development will secure all
required permits, licenses including but not limited to occupational licenses.
14. Laws and Regulations: It shall be understood and agreed that any
and all services, materials and equipment shall comply full with all Local, State
and Federal laws and regulations.
15 · Taxes: The BOCCrrDC is exempt from Federal Excise and State of
Florida Sales 'Tax.
16. Finance Charges: The BOCCrrDC will not be responsible for any
finance charg,es.
17. Relation of BOCCrrDC: It is the intent of the parties hereto that the
Association for Tourism Development, 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 BOCCrrDC and the
BOCCrrDC shall at no time be legally responsible for any negligence on the part
of said successful proposer, its employees or agents, resulting in either bodily or
personal injury or property damage to any individual, firm, or corporation.
1 8. Disclosure: The Association for Tourism Development shall be
required to list any or all potential conflicts or interest, as defined by Florida
Statute 112 and Monroe County Ethics Ordinance. The Association for Tourism
Development, shall disclose to the BOCCrroc 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 BOCCrrDC.
19 · Assignment: The Association for Tourism Development, shall not
assign, transfer, convey, sublet or otherwise dispose of this proposal, or of any or
all of its right, title or interest therein, or his or its power to execute such
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contract to any person, company or corporation without prior consent of the
BOCCIIDC.
20. Compliance with laws - Nondiscrimination: The Association for
Tourism Development, 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.
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21. Force Majeure: The Association for Tourism Development, 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 Association for Tourism Development, 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, the Association for
Tourism Development, must furnish evidence of the causes of such delay or
failure. The Association for Tourism Development, shall not resume its
performance hereunder unless provided for in the Scope of Services.
22. Governing Law/Venue: This Agreement shall be governed and
construed by and in accordance with the laws of the State of Florida and
constitutes the entire agreement between the BOCC and the Association for
Tourism Development.
23. Security Protection: The sponsor agrees to provide adequate
security for the event. No TDC funds will be used for this purpose.
24. Antisolicitation: The Association for Tourism Development warrants
that it has not employed, retained or otherwise had act on its behalf any former
County officer or employee subject to the prohibition of Section 2 of Ordinance
No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 010-1990. For breach or violation of this provision the County
may, in its discretion, termination this contract without liability and may also, in
its discretion, deduct from the contract or purchase price, or otherwise recover,
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the full amount of any fee, commission, percentage, gift, or consideration paid to
the former County officer or employee.
25. Ownership-: All work performed under the contract shall be the
property of the BOCCrrDC, for whatever use and/or disposition the BOCCrrDC
may deem appropriate.
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The BOCCrrDC shall have the full right to reproduce any of and/or use and
products derived from the contractor's work under the contract without
payment of any royalties or fees. Nothing in this contract diminishes Association
for Tourism Development's ownership and rights to use the Fantasy Fest name,
including copyright of its name and logo.
26. Media rights: The TDC shall have the right to broadcast, rebroadcast,
use, reproduce or transmit for any purpose whatsoever, radio, television,
pictures, sound, film and tape motion pictures and still photographs paid by the
BOCCrrDC ullder this contract.
27. Logo: All promotional literature and display advertising with the
exception of generic advertising must display the Florida Keys and Key West
logo/trade mark and include the words: Monroe County TDC (as per enclosed
sample).
28. Severability:
If any provision of this Agreement shall be held by a
Court of competent jurisdiction to be invalid or unenforceable, shall not be
affected thereby; and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
29. 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 contract for the
sponsors and c) this agreement has been approved by the sponsor's Board of
Directors.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the day llnd year first above written.
lyvt- fJ1,~ ~ II (~p~'
(SEAL);I Stare of FIoiida;q
My Commission Expires:
~test: r.. December 18, 1993. ...
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AL)
A test: DANNYL. KOLHAGE, CLERK
BY~.4_~
~ ty C er
Development
~.. .. ~
~~-.J"",. ~. "-~
MONROE COUNTY BOARD OF COUNTY CO SIONERS
MA YORlCHAIRMAN
APPROWDAS70~a
LEGAL . \'
By ~~L~ ..1
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ftEVJ~ED/I)REI."IM1NAk\' ADVERTIS1NO. rRoMo'tl0N BlIDGEtl'
AirpOr\ SiJnage $ 1.'00
BIUlds E.pen~c 8,000
Street Banners 3,SOO
Brochures 8.000
Bulk MotUngs 1,200
~lholOaraj'hy & PR 1.700
'poslaae (Dlrecl Matlil1~) 1.000
OIreC\ Mail to Trtlvcl A~,,~"I~ I 12.000
Poster PrhlUni 2,700
Print Ad\'ertlsina (Nat'l Mnu r~in.J) 32~OOO
rJroductioll (Brochures. ad~. ctc; ,) 6,300
,
J)rotnOlionftl Pa"lnlina 3.300
Itadio ^dvcr~5ini 5.000
'rrol)hlc~ 700
Vidcoarurthy 2.000
1-011'AI. Ar) & PROMO $90tOOO
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Fantasy Fest '91 Preliminary Schedule of Events
Saturday, Oct. 19th
Sunday, Oct. 20th
Monday. Oct. 21
Tuesday, Oct 22
\\' ednesday. Oct. 23
Thursday, Oct. 24
Friday,
Oct. 25
Saturday, Oct. 26
Slunday, Oct. 27
- Coronation Ball
-Fantasy Yacht Race
_ Mask and Costuming W orkshopfExhibit*
_ Pet Masquerade and Parade
_ Masked Madness and Headdress Ball
sponsored by Key West Business Guild
_ Main anchor theme event at major business
_ Late main anchor theme event at downtown
bar
_ Pretenders in Paradise at Pier House
_ Main anchor theme toga party
_ Afternoon concert on the beach
_ Masquerade March through Old Town*
_ Afternoon concert on the beach
- Theme costume competition
- Late night concert
_ Arts & Crafts and Food Festival*
- Performing Arts Festival*
_ La Te Da's Tea Dance in the Street
- Twilight Grand Parade*
Post-Parade costume competitions and late
night parties
- Fantasy Breakfast
_ Theme food fest up the Keys
_ Theme brunches at various locations
_ Children's Day at Bayview Park
Those events noted with (*) indicate events that Association
for Tourism Development will coordinate. Other events on the
schedule will be executed by other groups or businesses.
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w · · "'.~, tJ" ^. .L.4'....... ". V" U l:.J'\ .':) c.\... A ! U f' ':l)',' .13-S( J) (II).
-1" .. -., FLORIQA STATUTES. ON punuc ENTITY CRIMES .
ni~s FO~f MUST' BE SIGNED IN mE PRES~CE OF' A NOTARY ~bg.i~ftj. ~JI~j
AUTHORlZED TO ADMINISTER . OATHS.
1.
This sworn statement Is submitted with Bf~ Proposal or ~ntract No. ~ontract dated 6/4/91
Fantasy Fest '91
(Ol~
2.
This sworn statement is submitted by
the Association for Tourist Development
(name ot endty sublllitUq sworn statement]
P.O. Box 230, Key West, FL 33041
wh10se business address is
and
(It applicable) its. Federal ~ployer Identification Number (rEIN) Is 59-2193665
(It the entity bas no FEIN, include the Sodal Security Number ot the individual signing this sworn
stat,emeDt:
3.
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.)
My name is
Don DeF~o .
[please prim name ot lDdJytduaJ sjlnJDll
and my relationship to the
entity namecl above is president of the Association Jor Tourist Development
I understand that a -public entity crimc. as defined in Parapph 287.133 (1) (g), Fl9rf~a Stttu~~.
means a violation ot any state or. federal law by a person with respect to and directJyreJated to the
transaction ot bus1ness with any public entity or With an agency or political subdfvision of aay other
state or with the United States, indud!n& but not limited to, any bid or contract for JOOds or
services to be provided to any public entity or an apncy or polidca1 subdlvision at any other ~to
or ot the United States t.ud fnvoMnI antitrust. fraud. theft. bribery. collusion. racketeering,
conspiracy. or materia! misrepresentation. __
5. I undmtand that .conviCted. or .conviction. as defined in Paragraph 281.133(1)(b)..F10ridt ~~mte5.
means a tIndln, of guilt or a conviction of a public entity crime, with or MtIaoutlll adjudicuiOll at
1UiIt. in any federal or State tria! court ot record relating to diaries brought by indictment or
information after JuJy 1, 1989, as a result at a Jury verdicl, DOnjmy tziaI, or enay ot a plea at piIty
or DoJa coDtendere.
4.
6. I understand that an .atrIUate. as defined in Paragraph 28'?'.133(1)(a), Florida $tDtntes. meaDS:
L A predca:ssor or successor oC a person COnvicted of a public entity crime: or
2. An eDtity under the control of any natural peDon who is active in the management of the '
entity and who ba! been COnvicted oC a pUblic entity crime. The term .a1IWate. indudes those
oftIeelS. directors, executives, panners, $hareholder:s, employees, members, and agents who are active
in the management of an atfiliate. The ownership by one person ot shares constituting a contrOlling
interest in Inotber person, or a pooling ot equipment or income among persons when not Cor fair
marter value under an arm's length agreement, shall be a prima fade case that one pezsoll controls
anoUler person. A person who knOWingly enters into a joint venture with a person who has been
COnvicted of a public entity aime in Florida during Ule preceding 36 months shall be considered an
at1iJ ia t c:.
7. ! understand that a .person. as defined in Paragraph 287.133(1)(e), Florida SbJtute~. mC3DS any
natural person or entity organized under tbe laws at any Slate or of the United States with tbe legal
power to entcr into a binding contract and which bids or applies to bid on contnlcts for the provision
of goOds or Services Jet by a pubUc entity. or which otherwise U':lDSacts or applies to tr:lDSact business
with a public entity. Tbe term .person. inclUdes those offtc:ers, directors, executiYQ. partners.
sharehOlders. employees, members, and agena who are active in management or an entil)'.
Based on information and beUc(. lhe st:!temcnt wbich I have marked below is true In relation \0 the
enlil)' SUbmitting this sworn statemenL [Plense IndiCAte which Sbltemen~ applics.J
8.
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v'panncrs, sharcholders, employees, mcmbcrs; or agenL\ ~b~' a~;.I~~C "'~;:;;;a;~~;~~'~( tl.~";~;ii;:
nor any affiliatc of thc cntil)' havc bCl:n charged with and C:Onvicl~ of a public en!ity crime
Subsequenl 10 July I, 1989.
J!i.iL The cntil)' submitting this SWOrn Slatcmcnl, or ,'ODe; Of more at thc officers, directors.
executives, partncrs, sharcholdcrs, employCC$, mcmbcrs, or aacots who arc active In management of
the entity, or an affiliate oC the entity bas been charged with and convicted oC a public entity crimc
SUbsequcnt to July 1~ 1989. AW2 [Pleat. IndlQite whIch IlddlUonal statement appl1ea.]
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n/ a Thero bas been a proccccUng concellliDl the' conviction before a hearing' officer at
i'ii'e"Siatc oC Florida, Division oC Administrative HcariDp. Thc fmal ordcr entercd by the
hearing oencer did not place the penon or altllialC on the convicted vendor lisL [Please
attach a copy 01 the naBI order.]
.!!i.2- The person or affilfate was placed on thecoDVicted vcndor lfsL There bas bccn a
sUbsequcnt prOceeding before a hearing officer of the State of Florida. Division at
AdmiJUsuaUve Hearings. The final Ordcr cntered by the hearing officcr detcnnined that it
was in the public intcrest to remov~ the person or attiliaCC from the convicted vendor lisL
[Please attach . copy of the Onal order.]
~ Thc person or affiUate bas not bccn placed OD the convicted vendor UsL [Please
describe any action taken by or pendfna with lbe Depal1ment oC General Services.]
Dale: June 4, 1991
STATE OF Florida
COUNTY' OP Monroe
nnn nAlf'~{)
[name or Indhtdualslp1ncJ
in the space provided above on this
PERSONALLY APPEARED BEFORE ME. the Wldcrsfpcd authOrity.
Who. wr first bcinS SWOm by mc..atfixed hblhcr signature
.
My commJssiOD expires:
4th day oC June ~ 19 91 ,
/7 m.~!
Zita M. NOTARY PUBUI;
-Notary Public
State of Florida at Large
My Commission Expires:
December 18, 1993
FOQ PUR. 7068 (Rev. 11189)
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