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FY 1994 LOCAL MAJOR EVENTS AGREEMENT ASSOCIATION FOR TOURISM DEVELOPMENT THIS AGREEMENT is entered into this ~day of ~ , 1994, by and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, 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 BOCC agrees to pay up to one hundred and twenty thousand dollars ($120,000.00) for Fantasy Fest '94 from October 21-30, 1994, 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 BOCC for the TDC. 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. 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, which 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 Developm~nt Coun~i1 O~rations Manual shall be paid. ~~ ~_ z." rrl 5. Accounting: Financial records of Association for Tourism DE&el6pm~ pe@ining to this project shall be kept on generally recognized accounting principles and shall =We aVallable to the BOCC or to an authorized representative for audit. U1 '~J , -Cr ;-"'j 6. Modification: Additions to, modifications to, or deletions from the Sct9Pe of~Services set forth in this contract may be made only by written mutual agreement, recommen~d b/lhe TDC and approved by the BOCC. 1 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 Key West Festivals, Inc.. 8. Termina~ion: 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 QQcllrrenc~ 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 including title and stated affiliation. 10. Risk of LO$s: 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 t10ld HarmleS$: Association for Tourism Development, agrees to indemnify and hold Monroe County harmless for any and all claims, liability, losses and causes of action which may arise out of the fulfillment of the agreement. It agrees to pay all claims and losses and shall defend all suits filed due to the negligent acts, errors or omissions of Association for Tourism Development employees and/or agents, including related court costs. 12. Ins~rance ReQl,.lir~m~nt$: Association for Tourism Development, as a pre-requisite of the Special Event governed by this agreement, shall obtain, at its own expense, insurance as specified in the attached schedules. Association for Tourism Development will not be permitted to commence work associated with the Event (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Association for Tourism Development shall maintain the required insurance throughout the entire duration of the Special Event. Failure to comply with this provision may result in the immediate suspension of the Event until the required insurance has been reinstated or replaced. Association for Tourism Development shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance poliCies required by this contract. 2 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 Association for Tourism Development's insurance shall not be construed as relieving Association for Tourism Development 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, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 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. Prior to commencement of work governed by this contract, Association for Tourism Development shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Defjnition of Property Damage The minimum limits acceptable shall be: $1,000,000 combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1 ,000.000 per Occurrence $ 100,000 Property Damage 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 no more restrictive than the Event Sponsor's General Liability policy. The Monroe County Board of County Commissioners will be included as Additional Insured if a separate Liquor Liability policy is provided. 13. Permits: Association for Tourism Development will secure all required permits, licenses including but not limited to occupational licenses. 14. L~ws and Regylation~: 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 BOCCITDC is exempt from Federal Excise and State of Florida Sales Tax. 3 16. Fin~nce Charges: The BOCCrrDC will not be responsible for any finance charges. 17. Relation Qf BOCCrrDC: 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 eocc or TDC and the eocc 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. 18. OisclQsure: 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 BOCe 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 BOCC and me. 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 soce. 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 ordinances. 21. Force Ma,jevrQ: 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. 22. Gov~rnin9 lawNQn\Je: 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 SOCC and Association for Tourism Development. 4 23. Security ProtQction: The sponsor agrees to provide adequate security for the event. No TOe funds will be used for this purpose. 24. Ownership: All advertising and promotion work performed under the contract 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. 25. 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 BOCC and TDC under this contract. 26. Logo: All promotional literature and display advertising with the exception of generic advertising must display the Florida Keys and Key West logoltrade mark (as per enclosed). 27. 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. 28. 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. 30. Ethigs Clau$e: Event Sponsor 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 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 former or present COUNTY officer or employee. . , IN VV.ITNESS WHEREOF, the parties hereto have executed this agreement the day and year fi~st.. above written. (SEAL) Association for Tourism Development A t: ~ by ~~ ~~J)BIr TA STATE OF FLORIDA ~est:' _~_&x~~, Clerk .AJ~~~~ ard of COuDjy COIT,1~SSioners Approved as to form and legal sufficiency: ~~ C?( ~ Date: ~ j?y- 5 SWORN STATEMENT PURSUANT TO SECI10N 287.133(3}(a), FLORIDA STATUTES, ON PUBUC ENTI1Y CRIMES 1. for 1- ~~ h 33t111 and (if applicable) its Federal Employer Identification Number (FEIN) is ~t:j -..:219..3(.t,5' (If 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 Statut~ means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 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), Florida Stafytes. 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 bee~ convicted of a public entity crime. The term .affiliate. includes those officers, directors, executives, partners, 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 has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I 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 statemenL [Indicate which statement appUes.] Y Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, ptrtners, 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 aime 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 was not in the public interest to place the entity submitting this sworn statement on the convicted vendor lisL [attach a copy of the final order] _ I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OmCER FOR THE PUBUC ENTIlY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC ENTIlY 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 PUBUC ENTIlY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECl10N 287.017, nORmA STATUTlj;S FOR CATEGORY lWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~ 4stDo.FT [signature] Sworn to and subscribed before me this / ~ day of ~ , 1921 OR Produ~ identification ~~~/J~~ , ;;;-: NotaIy Public - State Of.p-jerefd~ ~MARV(N M MELL My commissi . . T A TF" o~ FI (')RlnA P U ~ ''''' '., C ' . .'... I' ^ l-J \..'!,/, / C~'ml Ex~,' '. . , II::'~~ ~, ~M~';l idBR ("'\i(:{')(\~(; - ,,' IV, j ~ _ ( I ~ ~ _ '-.; .r.. (printed typed or stamped commissioned name of notary public) Personally known (Type of identification) - Form PUR 7068 (Rev. 06/11192) EXHIBIT A ADVERTISING & PROMOTION Collateral Airport Signage Street Banners Brochures Bulk Mail Direct Mail Postage Poster Printing Promotional Printing Travel Agent Mailing Trophies Videography Sub- Total $ 1,700 6,500 7,000 1,100 1,000 1 r500 3,200 6/200 800 2500 $ 31,500 Promotion Bands Photography & PR Production Sub- Total $ 9,000 2,500 7,000 $ 18,500 National Print Advertising Travel/Trade 7,500 Generic Mag 46,000 53 rSoo $ 53,500 Nat'l Radio/TV Media Northern Florida Cable TV Production 6,000 1 r500 $ 7 ,500 Regional Print Advertising Monroe Co. llm 3,(0) 3,000 Regional Radio /TV Advertising Monroe Co. ~ 6,(0) Total 6,(XXJ $120,000 EXHIBIT B Fantasy Fest 194 Preliminary Schedule of Events Friday, Oct 21st Saturday, Oct. 22nd Goombay Celebration Fantasy Fest King and Queen Coronation Ball to benefit Aids Help, Inc. Goombay Celebration Sunday, Oct. 23rd Monday" Oct. 24th Key West Sailing Club Fantasy Yacht Race Fantasy Haunted Museum Grand Opening (To run all week) Fantasy Tours - Air, sea, historic, and land excursions in the Florida Keys (all week) Tuesday, Oct. 25th Masked Madness and Headdress Ball, sponsored by Key West Business Guild Wednesday, Oct. 26th Late main anchor event at downtown bar Pet Masquerade and Parade at Casa Marina Theme party at Hogls Breath Saloon Thursday, Oct. 27h Pretenders in Paradise Costume Contest at Pier House Main anchor theme toga party at Sloppy Joe1s Afternoon concert on the beach Friday, Oct. 28th Street Fair* Masquerade March through Old Town* Afternoon concert on the beach Masquerade Fantasies at the Ocean Key House Suite Resort and Marina Late night concert at The Copa Saturday, Oct. 29th Afternoon Concert Tea Dances in the Street Twilight Fantasy Parade* Post parade costume competitions and late night parties Sunday, Oct. 30th ChJ1dren's Day at Bayview Park It should be pointed out that the A TO 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 firmed up as planning progresses. Those events noted with (*) indicate events that the Association for Tourism Development will coordinate. Other events on the schedule will be executed by other groups or businesses. It should also be noted at this writing that this schedule of events will fill out considerably as private businesses become involved.