FY 1993
LOCAL MAJOR EVENTS AGREEMENT
ASSOCIA nON FOR TOURISM DEVELOPME~T
THIS AGREEMENT is entered into this J~ day of ~I(/ 1993,
by and between BOARD OF COUNTY COMMISSIONERS, MONROE c6uNrv,
FLORIDA, (BOCC) and Association for Tourism Development.
NOW, THEREFORE, and in consideration of the mutual covenants,
contained herein the parties agree as follows:
1. The DOCe agrees to pay up to one hundred and ten thousand
dollars ($110,000) for Fantasy Fest '93 from October 23 - 31, 1993 fro m
tourist development tax funds. (See Exhibit A)
2 · S<(9Pt( of Servic~s: 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)... _
- .. '1
3 · All advertising and public relations services or ~suPervi~n rm
:::0 _. ..l~' rr1
advertising and public relations will be provided through gijle c9rac~
---', .-~ ' ::0 '
agencies of the Tourist Development Council (TDC) and BOCC.ocThe ~ncif:s
c:::.:- " . '" '. ..'
of record. Tinsley Advertising and Stuart Newman Associatei:-'-shall recei~e
-<' -0 "1
payment of work in progress upon submission of doc~ented -invoic.~s
associated with said event. :> ~:=5
4. Payment: Any payments directly to 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 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.
1
5. Accounting: Financial records of 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 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 · areacb. and Pen(llties: 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
Associatic.n 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 Q~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 inc~Iuding title and stated affiliation.
10. Risk of LQn: Association for Tourism Development agrees t 0
relieve Monroe County of all risks for loss or damage during the event not
caused by BOCe or its agents.
11 · Indemuificalion and H9ld HarIllless: 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.
2
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 RequiremeQt~: 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.
1 3 · Per m its: Association for Tourism Development will secure all
required permits, licenses including but not limited to occupational
licenses.
14. Laws and Re&ulatiQn~: It shall be understood and agreed that
any and all services, materials and equipment shall comply full with all
Local, Stute and Federal laws and regulations.
15. Tixes: The BOCC and TOe are exempt from Federal Excise and
State of I:;lorida Sales Tax.
16. Finance Ch~r&es: The BOCC and TDC will not be responsible for
any fina.nee charges.
1 7 · Rel3tion Qf BOCCIfDC: 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 BOCC and TOC
and the BOCC and TDC 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.
3
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 Code. Association for Tourism
Development, shall disclose to the BOCC 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 BOCC and IDe.
19. A&Si~nl1lent 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 BOCC.
20. Compliance wit" laws Nondiscrimination: Association for
Tourism I)evelopment, 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
ordinancc~s.
21. F9rce Majeure: 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 or BOCC, 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 provided for in the Scope of Services.
4
22. Governin~ Law/Ve<nuc:: 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 TDC funds will be used for this purpose.
24. Antisolicit~tion: 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. awner~hip; All advertising and promotion work performed
under the contract and paid for by the BacC and TDC shall be the property
of the BaCC and IDC, for whatever use and/or disposition the BaCC and TDC
may deem appropriate.
26. Meqia ri~hts: 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
photograph,s paid by the BOCC and TDe under this contract.
27. LO~Q: AU 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).
2 8 · S eve r a Q it i ty: If any provision of this Agreement shall be he I d
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.
5
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)
Attest:
~
(SEAL)
Attest: DANNY 1. ItOLBAGE. Cle$
~ c. ~:J~
~
Association for Tourism Development
OR COUNTY BOARD OF COUNTY COMMISSIONERS
MA YOR/CHAIRMAN
Approved as to form and legal sufficiency:
By: ~~r1#~
Date: ~. 'Sf 17
6
EXHIBIT A
ADVE:RTISING & PROMOTION
Collateral
Airport Signage
Street Banners
Brochures
Bulk Mail
Direct Mail Postage
Poster Printing
Promotional Printing
Trophies
Videography
Sub- Total
$ 1,600
5,500
8,000
1,300
1,000
1,500
3,200
800
2.500
$ 25,400
Amount to be
spent on out of
county promo.
$ 1,600
1,500
8,000
500
1,000
000
2,000
000
2.500
$ 17,100
Promotion
Bands
Photography & PR
Production
Sub-Total
$ 9,100
1,800
6.000
$ 16,900
$000,000
500
5.500
$ 6,000
National Print Advertising
Traveln'rade $9,500
Generic Mag 50.200
59,700
$ 59,700
$ 59,700
Regional Print Advertising
Monroe Co.
3.000
3,000
3,000
Regional Radio/TV Advertising
Monroe Co.
5.000
5,000
5.000
$110,000
$82,800
Total
EXHIBIT B
Fantasy Fest '93 Prelimillary Schedule of Events
Saturday, Oct. 23rd
Fantasy Fest King and Queen Coronation Ball to benefit
Aids Help, Inc.
Sunday, Oct.. 24th
Key West Sailing Club Fantasy Yacht Race
Monday, Oct. 25th
Mask & Costuming Workshop*
Tuesday, Oct. 26th
Mask & Costuming Workshop
Masked Madness and Headdress Ball,
sponsored by -Key West Business Guild
Haunted House by Key West Woman's Club
(runs all week)
Wednesday, Oct. 27th
Late main anchor event at downtown bar
Pet Masquerade and Parade at Casa Marina
Theme beach party at Hog's Breath Saloon
Thursday, Oct. 28th
Pretenders in Paradise Costume Contest at Pier House
Main anchor theme toga party at Sloppy loes
Afternoon concert on the beach at the Reach Resort
Friday, Oct. 29th
Masquerade March through Old Town*
Afternoon concert on the beach at Pier House Resort
and Caribbean Spa
Masquerade Fantasies at the Ocean Key House Suite
Resort and Marina
Late night concert at The Copa
Saturday, Oct. 30th
Arts, Crafts, and Food Fair.
Tea Dance in the Street
Twilight Fantasy Parade*
Post parade costume competitions and late night parties
Sunday, Oct. 31st
Theme food fest at Sugarloaf Key Resort KOA
Children's Day at Dayview Park
It should be pointed out that the A TO umbrellas and prolnoles 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 firmed up as planning progresses. Those events noted with (*)
indicate events that the Association for Tourism Development will coordinate.
Other (~vents on the schedule will be executed by other groups or businesses.
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(8),
FLORIDA STATUTES, ON PUBLIC ENTI1Y CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER
omclAL AUTHORIZED TO ADMINISTER OATHS. .
1. This sworn statement is submitted to IntJNbJ~ ~'ry IJ:,~ o{ CJlJ1/l1/~((~S
r --r- / _nD . [print name of the public entity]
by 6-fFlJ'{.J' / / N L 1^,'1" r .eESX2;(9AL1
[print Individual's nalD,tJlnd ti~e] ~ _
for AS-SoCt.ll nON Jt-oR- t1)~>(h1 ..LJ13-Ve:J.LJ~/J1ev/
. [print name of entity submitting sworn statement]
whose business address is J
P {), 80A c23o, I\w iukST~ t; .J3()c;/
/ /
and (if applicable) its Federal Employer Identification Number (FEIN) is 59- 01/9.3~~5
(H the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement:
.)
..-
2 I understand that a -public entity crime- as defined in Paragraph 287.133(1)(g), Florida Statutes. means a
violation of any state or federal law by a person with respect to and directly related to the .transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or seivices to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that -convicted- or -COnviction- as defined in Paragraph 287. 133(1) (b), Florida Statute&. means
a finding of guilt or a conviction of a pubUc entity crime, with or without an adjudication of guilt, in any
federal or state trial coun of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an -affiliate- as defined in Paragraph 287. 133(1) (a), F10rldq Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2 An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term -affiliate- includes those officers, directors,
executives, panners, 'shareholders, employees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who bas been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
S. L understand that a -person- as defined in Paragraph 287. 133(1) (e), Florida Statutes. means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term -person- includes those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement [Indicate which statement appUes.]
L Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
- The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that
it ~ not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list [attach a copy of the Dnal order} -
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBUC ENTrlY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC ENTI1Y ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERStAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTI'IY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECl'ION 287.017, FLORIDA
STATUTES FOR CATEGORY lWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
--
~
[signature]
Swom to and subscribed before me this
d? dayof ~f}0.
· 19.9:a.
OR Produced identifialtion
-? /l~~~/h~~(
Notary Public - State of I- I r'-' e I d A ~
MARVIN M MELL
My commissi TATe or rLORtDA'
PUBLIC My Comm Exp4/27/96'
(printed typed or Slam ·
commissioned name of notary public)
Personally known c t::.7i:.L.'1 77NL/ AI
(Type of identification)
Form PUR 7068 (Rev. 06111192)
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FWRIDA
ETHICS CLAUSE
.--r-
~-t~<A Y / IN LI AI
warrants that he/it has not employed
retained or otherwise had act on his/its behalf any former County office or
employee in violation 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,
(leduct 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.
~;,,~
Date:
(signature)
! /;)-q /93
. ,
STATE OF Hoe, d-A .
COUNTY OF mCi"/0 ree
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn
by my affixed hislher signature (name of individual signing) in space
provided above on this d- ~ day of :S-~ 19 q-3
,
3~/7~~/U//
NOTAR PUBUC
My commission expires:
MARVIN M MELL
T AR ~ST A TE OF FLORIDA
PUBLIC My Comm Exp4/27/96
COMM NBR CC190958