FY 1995
Local Maior Events Agreement
THIS AGREEMENT is entered into this ~ day of :r; r\~, 1995, by
and between BOARD OF COUNTY COMMISSIONERS, MONRO COUNTY,
FLORIDA, (BOCe) and the Association for Tourism Development.
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as follows:
1. The soce agrees to pay up to ninety-six thousand dollars
($96,000.00) for Fantasy Fest '95 covering a period from October 20-29, 1995
from tourist development tax funds (See Exhibit A). County shall fund advertising and
promotional activity at a ratio of 700/0 out-of-county/300/o in-county. At least 700/0 of
the approved budget must be utilized for hard media (to include production of
brochures/flyers that will be sent out of county and associated costs of same) and
public relations. Out-of-County advertising and promotion may be greater than but not
less than 700/0.
2. Scope of Services: The Association for Tourism Development agrees
to provide the County with an event as specified in the Scope of Services which is
incorporated by reference (see Exhibit B).
3. All advertising and public relations services or supervision of
advertising and public relations will be provided through the contracted agencies of
the Tourist Development Council (TDC) and SOCC. The agencies of record, Tinsley
Advertising and Stuart Newman Associates shall receive payment of work in progress
upon submission of documented invoices associated with said event.
4. Payment: Any payments directly to the Association for Tourism
Development or vendors associated with said event shall be as follows:
Payment upon presentation of an invoice shall indicate the task
completed for which payment is sought, with proper documentation attached.
Upon completion of said event, a financial statement detailing all
revenue and expenses utilizing generally accepted accounting principals shall be
prepared, notarized and submitted by Event Sponsor. Stuart Newman Associates (or
alternative) shall confirm compliance with the Scope of Services.
All payments are specifically contingent upon availability of TOC funds.
Only acceptable expenses listed in the Monroe County Tourist Development Council
Operations Manual shall be paid.'dt-1Ct~
5. Accounting: -Financial records of the" A$sociation for Tourism
Development pertaining to this project shall be kept on generally recognized
accounting principles and shall be availal~ Ztd t6i tWbdt9. or to an authorized
representative for audit.
J80~-J3~ dO ~ 03-11.:1
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6. Modification: No changes or modifications to this Agreement shall be
made, including but not limited to the Scope of Services. Line item changes to the
advertising and promotion budget, shall not exceed 100/0 of the larger line item
amount. No budget amendments are permissible once the soce has approved the
contract.
7. Breach and Penalties: The parties agree to full performance of the
covenants contained in this agreement, and the SDCe reserves the right at its
discretion, provided such breach is material to terminate the services in this
agreement for any misfeasance, malfeasance, or nonperformance of the agreement
terms or negligent performance of the agreement terms by the Association for
Tourism Development.
8. Termination: 120 days after the date of the event, the agreement will be
terminated. All invoices must be submitted within the 120 day period.
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 20,
then Event Sponsor agrees to refund to the Baee any amounts already paid to them
under this agreement, and relieve the soce 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 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 Loss: The Association for Tourism Development agrees to
relieve Monroe County of all risks for loss or damage during the event not caused by
BOCe or its agents.
11. Indemnification and Hold Harmless: The Association for Tourism
Development covenants and agrees to indemnify and hold harmless Monroe County
Board 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
sponsoredll or other activities and funding associated with this agreement.
12. Insurance Requirements: The 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 this section.
The Association for Tourism Development shall provide to the County, no
later than 20 days prior to the event, satiSfactory evidence of the required insurance,
either:
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· 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 agreement.
Acceptance and/or approval of the Association for Tourism Development's
insurance shall not be construed as relieving the Association for Tourism
Development from any liability or obligation assumed under this agreement or
imposed by law.
The Monroe County Board of County Commissioners, its employees and
officials will be included as "Additional Insured" on all policies.
The minimum limits acceptable for Commercial General Liability shall be:
$1 ,000,000 Combined Single Limit (CSL)
Recognizing that the event governed by this agreement may involve the sales
and/or distribution of alcoholic beverages, the Association for Tourism
Development'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 Association for Tourism Development's General Liability policy.
13. Permits: The Association for Tourism Development will secure all
required permits, licenses including but not limited to occupational licenses.
14. Taxes: The soce and TOC are exempt from Federal Excise and State
of Florida Sales Tax.
15. Finance Charges: The soec and TOC will not be responsible for any
finance charges.
16. Relation of BOCCITDC: It is the intent of the parties hereto that the
Association for Tourism Development shall be legally considered as an
independent Event Sponsor and that neither it nor its employees shall, under any
circumstances, be considered servants or agents of the BOCC and TOC and the
eoee and TOe 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.
17. 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 Code. The Association for Tourism Development shall
disclose to the SDCC 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 BOCe and TOC.
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18. Assignment: The Association for Tourism Development 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 BOCC.
19. 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.
20. Force Maieure: 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 TDe or BOCC, 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.
21. Governing lawNenue: 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 BaCC and the Association for Tourism
Development.
22. Security Protection: The Association for Tourism Development
agrees to provide adequate security for the event. No TOC funds will be used for this
purpose.
23. Ownership: All advertising and promotion work performed under the
agreement and paid for by the soee and TOC shall be the property of the soce and
TOC, for whatever use and/or disposition the BOCC and TOC may deem appropriate.
24. Media rights: The TOC 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 SOCC and TOe
under this agreement.
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25. 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).
26. 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.
27. 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 agreement for the sponsors
and c) this agreement has been approved by the sponsor's Board of Directors.
28. Ethics Clause: The Association for Tourism Development 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
agreement without liability and may also, in 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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and yeiUtl4~YR oV'fiJlip.
(SEAL) My Cemmlssion Expires May 9, 1991 Association for Tourism Development
Atte: '.nd.d fh 01 fai InsurQnc,'nc-
By ~M~
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~f~~~~U;tJ By c:S~-f~
eputy ~Ierk Mayor/ airman
Approv~ ~ form and legal sufficiency by: <~~.tt'( P-
Date: t 'i 'I ~
I
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SWORN STATEMENT PURSUANT TO SEcrION 287.133(3)(8),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS. .
1. This sworn statement is submitted to .a,N/dE' ~~ni "jM/~ ~ &~.c././, L?d7lI!M.r~S'/~S
r--> ~ [print e or the pubUc entity] ,
by L.::re / r V 7: AJ L!. 'ilJ
[print lndlytdual's name and title]
for ASS6t:!i'-4A ~;'.t:1>L- d~ flu 'J'''SMIL ~~I/~~LJ#'H~~rf.
[print name 01 entity submitting swom statement] r
whose business address is
~CJ, 4: 230
;r;. r aJ.e~ ~ ;C( :??o yO
and (if ap,plicable) its Federal Employer Identification Number (FEIN) is t.~ 9 - j/ 9 3~ 'l~
(If the entity has no FEIN, include the 'Social Security Number of the individual signing this
sworn statement:
.)
2 I understand that a Rpublic 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 agen"Y or political subdivision of any other state or of the United
States, including, but not limited to, any bid or oontract for goods or seivices to be provided to any public
entity or an agen~ or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribeIYJ collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that .convictedw or -conviction- as defined in Paragraph 287.133(1)(b), Florida Statutes. means
a finoing 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 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 Raffiliate. as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
1. A . predecessor or successor of a. person convicted of a public entity crime; or -
2. An entity under the canuel 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 Raffiliate- 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 oontrolling 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 lmowingly
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. ~-
S. I understand that a .person8 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 "persona includes Jhose officers, directors, executives, panners, shareholders, employees, members, and
agents who are active in management of an entity.
6. Based on information and belief, the siatement wbic:b. I haw marJa:d below is true in relation to the endty
submitting this swom statement. [indicate which atlltemeat appIleL] .
Neither the entity submitting this swom statement, DOr any of its ofIlc:ers, directors, c:u:cutiveS.
partners, shareholders, employees, members, or apllts who are aaive in the mauagement of the endty, nor
any affiliate of the entity bas been cbarged with and c:onvicted of a pubUc endty aime subsequent to July
1, 1989.
_ The endty submitting this swom statement, or one or more of its officers, directors, c:u:cudves,
panners, shareholders, employees, members, or agents who are active in the maliagement of the endty, or
an affiliate of the entity bas been cbarged with and convicted of a pubUc entity aime subsequent to July
1, 1989.
_ The entity submitting this swom statement, or one or more of its offieen, directors, c:u:cutives.
panners, shareholders. employees, members, or agents who are active in the IIIBD8gCDlC1lt of the entity, or
an affiliate of the entity bas been cbarged with and convicted of a public entity crime subsequent to July
1, 1989. However, there bas been a subsequent proceeding before a Hc:ariDg Oftlcer of the State of Florida,
Division of AdmiDistrative Hearings and the Fmal Order entered by the Hearing Officer determined that
it was not in the public interest to place the endty submitting this swom statement on the oonvicted vendor
list. [attach a c:opy of the t1Dal order] -
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRAcrING OFFICER. FOR THE
PUBUC ENT1TY IDn. ID uw IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT POBUC ENTITY 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 PtJBUC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE 'l1IRFSIlOLD AMOUNT PROVIDED IN SEenON 287.017, FLORIDA
STt\TIJTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
~
(signature]
Swom to and subscribed before me this ~
day of 9 t.~"7U/l/f~ · 19 q~ ~
d;, FA- I~. . N~~~i~~
Notary Public - State .of rP- ~1~(..
Personally known ~ ~
OR Produced identifiwtion
, ./
~ntifiQ1dOn)
· .' J!(fIAfiU~;~~.~;~~ ",.... ","'j '.:, ,:.~.
My cx)1DIIUSS10Dt~~\...... ,,"j {..~ (. ! ',:.;"." ~ '.. -:: '......, .~.
DONDED' 'l'~~Ru c::.r';i,:(~?:,:" :{ ~ ~:; ',. 1.;;.:,;,: ~
)
(Printed typ~tor stamped
colDlDissioned name of nowy public)
Form PUR 7068 (Rev. 06/11192)
"
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EXHIBIT "A"
Collateral
Promotion
Out-ot-County Advertising
Nat'l RadiorrV Media Production
In-County Print Advertising
In-County RadiorrV Advertising
$23,500.00
18,000.00
42,000.00
2,500.00
3,000.00
7,000.00
TOTAL
$96,000.00
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EXHIBIT "B"
Fantasy Fest '95 Preliminary Schedule of Events
Friday, Oct 20th
Saturday, Oct. 21st
Sunday, Oct. 22nd
Monday, Oct. 23rd
Tuesday, Oct. 24th
~ednesday, Oct. 25th
Thursday, Oct. 26h
Friday, Oct. 27th
Saturday, Oct. 28th
Sunday, Oct. 29th
Goombay Celebration
Fantasy Fest King and Queen Coronation Ball to benefit
Aids Help, Inc.
Goombay Celebration
Key West Sailing Club Fantasy Yacht Race
Fantasy Flotilla Sunset Cruise
Fantasy Haunted Museum Grand Opening
(To run all week)
Fantasy Tours - Air, sea, historic, and land excursions in
the Florida Keys (all week)
Masked Madness and Headdress Ball,
sponsored by Key West Business Guild
Late main anchor event at downtown bar
Pet Masquerade and Parade at Casa Marina
Theme party at Hog's Breath Saloon
Pretenders in Paradise Costume Contest at Pier House
Main anchor theme toga party at Sloppy Joe's
Afternoon concert on the beach
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
Afternoon Concert
Promonade on Duval, Themed.
Tea Dances in the Street
Twilight Fantasy Parade.
Post parade costume competitions and late night parties
Children's Day at Bayview Park
Fantasy Finale Closing Ceremony.
It should be pointed out that the A TD 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 fiU out
considerably as private businesses become involved.
c::