FY 1992
F~LErl
L~ ~: r- ('. r ) t~l :
LOCAL MAJOR EVENTS AGREEMENT
ASSOCIATION FOR TOURISM DEVELOPMENT
by and~~e~~~~~:n~~s ;~=;~~:~I:S~~R~:y M~N~~&~~ :\. ~ L.!'..
FLORIDA, (BOCC) and Association for Tourism Development.
NOW, THEREFORE, and in consideration of the mutual covenants,
containecl herein the parties agree as follows:
1. The BOCC agrees to pay up to one hundred and fifteen thousand
dollars ($115,000) for Fantasy Fest '92 from October 24 - November 1,
1992 from tourist development tax funds. (See Exhibit A)
2. Scope of Services: Association for Tourism Development agrees
to provide the County with a seven (7) 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 TDC/BOCC. The agencies of record, Tinsley Advertising and
Stuart Newman Associates shall receive payment of work in progress upon
submissic.n of documented invoices associated with said event.
4. Payment: Any payments directly to Association for Tourism
DeveloplIlent 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..
-92 f1AY 21 P 3 :5(';
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 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
Development Council Operations Manual shall be paid.
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5. Accounting: Financial records of Association for Tourism
Development pertaining to this project shall be kept on generally
recognizc~d accounting principles and shall be available to the BOCC or to an
authorize~d representative for 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:
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 discre~tion, 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.
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 O~currence of Event: If the event does not take place, for
any reason under control of Association for Tourism Development except
for those reasons in paragraph 21, then 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.
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)
substantiation of the reason for cancellation and 3) person authorized to
cancel in~cluding title and stated affiliation.
10. Risk of Loss: 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. Indemnific~tion and Hold Harmless: 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.
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It agrees to pay all claims and losses and shall defend all suits
filed due to the negligent acts, errors or omissions of Association for
Tourism Development employees and/or agents, including related court
costs.
12. Insurance Requirements: 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 the County. 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: 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 Floridfl Sales Tax.
16 · Finance Charges: The BOCCfI'DC will not be responsible for any
finance (~harges.
1 7 · Relation of BOCCfI'DC: It is the intent of the parties hereto that
Association for Tourism Development, shall be legally considered as an
independent contractors and that neither it nor its employees shall, under
any circumstances, be considered servants or agents of the BOCCfI'DC and
the BOCCfI'DC 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.
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18. Disclosure: 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. 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 ilBterest which may conflict with the interest of the BOCCrrOC.
19. Assignment: 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 contract to any person, company or corporation without prior consent
of the BOICCffDC.
20. Compliance with laws - Nondiscrimination: 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
ordinanc~es.
21. Force Maieure: 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 Association
for Tourism Development, have 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, Association for Tourism Development,
must furnish evidence of the causes of such delay or failure. Association
for Tourism Development, shall not resume its performance hereunder
unless pro,vided for in the Scope of Services.
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22. Governing LawN enue: 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 Association for
Tourism Development.
23. Security Protection: The sponsor agrees to provide adequate
security for the event. No TOC funds will be used for this purpose.
24. Antisolicitation: 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, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County
officer or employee.
25. Ownership: All advertising and promotion work performed
under the contract and paid for by the BOCCffDC shall be the property of
the BOCCffOC, for whatever use and/or disposition the BOCCrrDC may deem
appropri~ate.
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
photograp,hs paid by the BOCCrrDC under 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 (as per enclosed).
28. Severability: If any provision of this Agreement shall be held
by a COllrt 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.
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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 and year first above written.
(SEAL)
A(SEAL) DANNY La.. ~OUiAGE, Clerk
tt t: .
~ \ -'". ~~.e ~ ~\ . ~
. ~. ~ "Y\.. 1....'-- _~ ~...
MONROE COUNTY BOARD OF COUNTY C - SIONERS
MA YORlCHAIRMAN
Approved~as
By: <~
Date~
sufficiency:
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EXHIBIT 'A'
F ANT AS~Y FEST ' 92
AIRPORT SIGNAGE
STREET BANNERS
BROCmJRES
BULK ~IAIL
DIRECT MAIL POSTAGE
POSTER PRINTING
PROMO'fIONAL PRINTING
TROPHI:ES
VIDEOGRAPHY
BAND EXPENSE
PHOTOGRAPHY & PR
TRAVEL AGENT MAILING
ADVER1'ISING:
PRODUCTION
RADIO j\.DVERTISING - IN COUNTY
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$
1,600.00
4,500.00
9,000.00
1,300.00
1,000.00
2,800.00
3,400.00
800.00
2,000.00
9,100.00
1,800.00
9,215.00
56,485.00
7 ,000.00
5,000.00
115,000.00
EXHIBIT "B"
Fantasy Fest .92 Preliminary Schedule of E\lents
Saturday _ (let.. 24Ul
· Funtas)' Fest King and Queen CoronaUon Ball
to benefit Aids Help, Inc.
Sunday, CteL 2~th
· Key West Sailing Club f'antasy Yacht Race
Monday, ()et, 26st
.. Mask and Costunllng Worksl1oplExllibltlfl
Tucsd~Yt ()et. 27th
· Mask and CostU1l11nB Workshop
- Maske.d Madness and Headdress Ball, sponsored
by the Key West Business Guild
Wednesday. Oct. 28tll
- I..ale Illain ant;hur ~vent at downtown bar
.. Pet Masquerade and Parade at Casa Marlna
Thursday J Oct. 29Ul
- Pretenders ill Paradise C~osrunlc Contest at Pier House
- Main anchor theme tosa party at Sloppy Joets
- Aft.ernoon concert on the beach - The Reach Resort
Friday~ OCl. 30th
- Masquerade Marc.l1lhrougll 01<1 Town.
- Allcrnoun concert on the beach - PJer House Resort and
Caribbean Spa
- Theme costume conlpetlUon - (lcean K~y House Suite
Re~ort &. Marina
.. J ,ate ni&ht concert - The Copa
Saturday, ()ct. 31 s.f
- Arts &. crafts and Food Festival.
.. Tea I>ance In the Street
- Twilight Fantasy Parade.
- Post-Parade costunle conlpeUUon and late night partJes
Sunday t NOli + ] st
- nleJlU;~ food fest at Sugarloaf Key Resort KOA
- Theme bruncllcs at The Reach Reson and oIlier loc.ations
- Children's Day at Bayvjew Park
It should also be pointed out that the AID umbrellas and promotes several events over which
we have no control in terms of management. This preliminary schedule cannot address specific
properties hosting specific events at this time; but it will be finned up as planning progresses. Those
events noted with C*) indicate event~ that the Association for Tourism Development wilt coordinate.
Other events on the schedule wilJ be executed by other groups or businesses.
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f~lJRTHER CLARIFICATION RE: PERMITS:
In addition to the requirements outlined in the TDC Event contract,
the Monroe County Board of County Commissioners requires Event
C()ordinators to adhere to the following stipulations, where
applicable, as it relates to an event taking place in the Florida Keys
and K..ey West:
D
[]
D
[]
D
D
o
necessary clean up
placement of traffic cones spaced 50' apart along the entire
section of road (where applicable)
barricades on side streets, ~a.sements, and driveways
prohibiting access onto closed'~. section of roadway (where
applicable)
policemen directing traffic at beginning and ending of course,
and also at "intersecting streets (where applicable)
public notice given through handouts and announcements to
those effected by road closing (where applicable)
contact Emergency Rescue agencies
supply proper insurance and hold harmless agreement as
outlined in contract
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· , I ..,. SWORN STATDIENT UNDER SECTION 287.133(3)(u),
J '"' · ' FLORIDA STATUTES, ~N pun~c ENTIn' CRIMES
TIllS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER 'OATHS.
1.
1hJs IWOm Statement .. lubmJu~ with Bid, ProPosal or ~ntnct No.
Cor ~A-S'l;:;; /- I 9 :J.. ~ .
This IWO~ stateme~t Is lubmJtted by -~: /. / ^ ov- '/aurt' ~ei If!m
(nlllle 0 eDtltylubmJUlnllWOm state entJ
whose busin~ Iddress Is or (J. ~,\( c.1~)~ ioes~ 330'//
2.
and
3.
(It IppUcable) Its Federal E.t:nPloyer IdentiftcttJon N~ber (FEIN) Is 0'9' -dJ/9 3 0h...'J
. .
(It the entity bas no FEIN, Include the Sodal Security Number of the mdfviduaJ signing this SWOm
statement: .)
My name Is -:J)Q.N ~E.h-CJ . an~ my relationship to the
[please print name oC Indh1duII sllJlInlJ ~ '\
entJty named above IsfJrt!!s/dt-!n! % //.zo~r.J/6X,,&.IoLU7~ L)evda;vm~<-f-
I understand that I .publlc entity crime" IS defined in Plraaraph 287.133(1)(g), FJoddl ~tatqtn,
means I violation of Iny state or. Cederalllw by I person with respect to Ind directly related to the
transac:tJon of bus mess wfdlany pabUc entity or With.. laencr or poUtlcaJ IUbdlYtsloa of'aay otller
State or with the United States, lDdudln" but not .....ted to, .., bid or contract for JOods or
servtc:es to be prowtded to Iny public entity or an lJeIIC1 or poUtlcal sabdMsfon of ID1 other stale
or oC the Unfted States Ind IJM)IvID, IDtltrust, hud, UIeft, bribery, collasfon. racteteertnJ,
conspiracy, or material misrepresentation.
, I Unclentalld that .coDYfctel- or "CIOIWIaIoa" IS detbled .. Paapapll287.l33(l)(b). ,..... ~1 ...
..... I ...., 01 pUt or I colMc:doa of I ptlblle ...., m.e. wItJa or ~ . "'$JI~r... of
pllt, fa .., fedenJ or ltate trial coun of record reladB, to c:IIarpa bro.... by ........t or
Inlol1llldon alter July I, 1989, IS · result of I Jury verdict, DODJary IrtIJ, or ...,.01 I plea 01 pOly
or Dolo CODtendere.
4.
s.
I
6. I understand that an "amUlte" IS defined In Paragraph 287.133(1)(1). lIorW. __... meaDs:
1. A pr~or or sucx:asur of I person convicted of I pabUc endry c:rfdae: or
2. An entity under die control of any Datural penon who Is Ictlve In tile DllDalelDent of the .
eDlI!)' and who hI! been COnvicted of a pubUc entfry crime. The term .lfIWate. ~1Ides diose
omcers, directors, executhu, plnners, shareholders, employees,members, IDd laeats who are ICdve
In the mlnagement of In IliUlte. The ownership by 0IIe penon of 'hares COllltll1ltlnl I controlUnC
Interest In lnother penon, or I pooUn, oC eqalpment or Income IIIIon, per'Som when not Cor Calr
market value under In Inn', lenlth IJreement, shaU be I prima tacte case that one person controls
another person. A person who knOWingly enters Into I Joint YeIlture with I person who has been
convicted of a public entity crime In Florida dUring the preceding 36 months shill be considered an
amUat~:.
7. 1 understand that a "person" IS defined in Para~aph 287.t33(t)(e), flQrldl Slatute.1, me:Jns any
nataral person or entity orpnfzed under the laws of any State or oC the UnJted States with the legal
power to enter Info a bindin. contract and which bids or appUes to bid on contractS (or the provision
oC goOds or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term .penon" Includes those officers, directors, executlv~, partners,
Shareholders. employees, members, and Daents who are Ictfve In manl,ement oC an entity.
Based on In(ormation and beller, the st:uement which I have marked below ls true in relation \0 the
entit)' SUbmitting this Sworn statement. (Please Indicate which statelDen~ .pplles.J
8.
~~ . . ., .
~ ~elther the entity submuung lP~ sworn st3\Cmera. nor any ofuccrs. {hrel:tor~. eXCCUlJves.
partners. shareholders. e mploye~s. mem hers, or Jgents who arc actlve in ma na!!cmcn l ~)t t he en tt ry.
nof' any affihate of the entity have b,-'~n charged Wllh and convlclcd of a pUblH: entity crtme
subsequent to July 1. 19S9.
_ The entity submitting this sworn s~temen~ or one or more or the offi~rs. directors.
executives. partners. shareholders, employees. members, or agents who are active in management of
the entity, or an affiliate of the entity has been charged with and convicted of a public enuty crime
subsequent to July l~ 1989, 6.tU2 (Please indicate which addltJonal statement applies.]
_ There has been -a proceeding concerning the conviction before 8 hearing' officer of
the State of Florida, Division of Administrative Hearings. The fmal order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. [Please
attach a copy or the final order.]
_ The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer oC the State of Florida, Division' of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor lisL
[Please attach a copy of the final order.]
_ The person or affiliate has not been placed on the convicted vendor list. (please
describe any action tnken by or pending with the Department of General Services.]
Date:
STATE OF 1--L-oQ \ D.i\ -
COUNTY OF · fYlO"-l<20E... ·
PERSONALLY APPEARED BEFORE ME. the und.:rsigne4 authority,
M~~ U \ N M. ~ 6LL . who, after first being sworn by me. affixed his/hcr signature
[name or individual signin&]
<-I"
day of mAj .19 C)2 :
~). " L /
r /,2f~2?1p'~;CC -
in the space. provided above on this
~~y co:':1~ion expires:
MARV'N M MELL
TAR :5T ATE OF FLOR\DA
PUBLIC My Comm Exp4/27/96
(~OMM NBR CC190958
For::l Pt:R 7068 (Rev. 11/89)
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY I FI..ORIDA
ETHICS CLAUSE
~ /)Efib/~.~;?;~'J?Af'<3.P~r
(
warrants that he/it has not employed,
retained or otherwise had act on his/its behalf any former County officer
or employee in voliation of Section 2 of 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 this provision the County may, in
its discretion, terminate this contract without liability and may also,
in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the~~mer ~~~er ~oyee.
(sig ature) ( .
Date: _~_go/' L'!~
'iVI ~ "-
STATE OF - 1 ~~lo~ \0 A .
COUNTY OF _ ~DWS:l2-C
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
- t1.~~l~ ~_~_\j~~~___
who, after first being sworn by
me,
affixed his/her signature (name of individual signing) in the space.
provided above on this _____~__~/___daY of
~f-' 19!1~
~~.,
~~2/
21-1 .7z~L~
NOTARY P BLIC
My commission expires:
MAR'V'N M MELL
TARSTA 11: OF FLORIDA
PUBLIC. 'My C()rnnl Exp4/27/96
COMM NBR CC190958