FY 1996
Destination Events Agreement
THIS AGREEMENT is entered into this I ~11:1t day of p 212: { ~ 996, by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(SOCC) and the 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 eighty four thousand dollars
($84,000.00) for Fantasy Fest '96 covering a period from October 18-27, 1996 from
tourist development tax funds (See Exhibit A). County shall fund advertising and
promotional activity at up to 10% in-county with balance out of county.
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 BOCC. The agencies of record, Tinsley Advertising
and Stuart Newman Associates shall receive payment of work ~ p~ogrT uptm
submission of documented invoices associated with said event. ~ .__ ~~ ~
4. P~yment: Any payments directly to the Associa~:;Z-for ~uri~
Development or vendors associated with said event shall be as fOIl~~!: . ~ ~
Payment upon presentation of an invoice shall indicate ~e:task C8IT1pl~d
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for which payment is sought, with proper documentation attached. . A ~
Upon completion of said event, a financial statement detailing alrf-evehOe
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.
Monroe County's performance an obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC. Only acceptable expenses
listed in the Monroe County Tourist 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 for audit.
6. Modification: No changes or modifications to this Agreement shall be
made, inclu~ing but not limited to the Scope of Services. Line item changes to the
advertising and promotion budget, shall not exceed 10ot'c> of the larger line item amount.
No budget amendments are permissible once the SOCC has approved the contract.
1
7. Breach and Penalties: The parties agree to full performance of the
covenants contained in this agreement, and the BOCC 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 BOCC any amounts already paid to them under
this agreement, and relieve the sace 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
SOCC 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 sponsored, 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:
· 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.
2
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 TOe are exempt from Federal Excise and State
of Florida Sales Tax.
15. Finance Charges: The soce and TOC will not be responsible for any
finance charges.
16. Relation of BOCC/TOC: 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
sacc and TOC 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 BaCe and me 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 saee and TOe.
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.
3
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 shan 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, ad 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 constiute a breach of the Agreemeri. Upon demand of
TOG or BOeC, 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 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 SOGe 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 BOCC and TOC shall be the property of the sace and
TDC, for whatever use and/or disposition the sacc and TOC may deem appropriate.
24. 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 SOCC and TOe
under this agreement.
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).
4
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 year first above written.
(SEAL)
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"\ ~.....;:.. (J~1}t'fJy L. KOLHAGE, Clerk
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4'" "JJunt . I \\"
~;':.o;;::w C~ ~~
Deputy Clerk
Association for Tourism Development
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, R.ORIDA
B~~~
Approved ffto form and legal SUfficiency by:
Date: (0/,5
5
SWORN STATEMENT PURSU.\NTTO SEC110N 287.133(3)(8)
n.ORmA STATI1TF_~_ ON PtJBuc EN1nY CRIMEs J
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PREsENCE OF A NOTARY PUl]UC OR O~
OFFICIAL AUTHORIZED TO ADMINlsrER OATHs...
1.
by
This SWorn statement is submitted to Board of County- Commissioners Monroe CO.fL
- . (print name of the pubUc: entity j
~tltf1Q~r V k'~ 1 "'O>:J~ '(i,.,~ Prp~ i clpnt
[pnnt d!vulnal'S name and Utlej
Devela ment
[print nnme ot entity snbmitttng SWOrn Slalementj
for
whose bustless address is
P. O. Box 230, Key West, FL 33041
- .
.'
and (if applicable) its Federal Employer r~firatiDn Number (F.::..:..~ is 59-2193665
(II the entity has no ~, include the Soc:ia1 Secmty Number of the individual signing this
rn.orn Slale:ne::t:
. )
2. I unde~t.and that a .public entity crime. as defined in Paragraph 287.133(1)00, Ftorida Stnnlt~. me.:l:S J
violation of any Slate or fede....u law by a P=OD with respea to and c:Urca1v re!:Ue::1 to the tr:ln.saction oi
bu.smess with any public entity or with an agency or politica1 subdivision of aDy other Slate or of the United
Stares, inc!~di.ng, but not limited to, any bid or ~tr.ra for goods or services to be provided to any public
e=tity or an age::c:y or political subdivision of any other State or of the United States and involving antitr.:.s:.
fraud, met-.., bribeI)', aJllusion, 12ckete--ing, aJnspir.Ic:, or ID.aIerl..a1 misrepresentation.
3. I unde~ta!ld that .COnvicted. or .conviction. 3S ddincd in P:uagraph 287.133(1)(b), tlorida Stntnte!1 :n~
a finding of guilt or a conviction of a public entiIy ~ with or without an adjudicuion of guilt. in :my
fecer:l1 or state mal ccun of remrd rclating to charges brought by indiamc:u or inionnation after July 1,
1989, as a result of a jury verdict. nonjury trial. or emry of a pie:!. of guilty or nolo contendere.
r u::de~taIld :.hat an .affiliate. as defined in Paragrnph 287.133(1)(a), florida Stnones, mc:ms:
4.
1. A predecessor or ~or of a pe:son CDIIVic:ed of a public entity aime; or
2. An entity under the control of any natural p=on who is active in the managCI:l.cnt of the entity and
who bas lJee:1 conviCted at a. public emity aime... The tenD. .aifiIiatc. iDdudes those office..oos, direc:::::s.
cec:lIi...es, parmers, share.!:old~ empJoyccs, mcmb=, and agents who are active in the manageme:1t oi
an affiliate. The own~hip by one p~on of sb2rc:s constinning a amttOlling intc:cst in another pe~on.
or a pooling of equipment or income among peISOns when not for fair martct value under an arm's le=gtb.
agree:ne:1t. sh.a1l be a prima facie case that one pemm commJs another penon. A person who knowingiy
e=te~ into a joint venmre with a person who has been amviacd of a public entity aime in Florida dur'.:lg
. the preceding 36 months shall be alnsidered an 2fliTiat~
5. I unde~tand that a .person. as defined in P3ngaph 287.133(1)(e), FToricb Statnt~. me:ms any U3.rur:li
pe:-son or entity organ~ro under the laws of 31I'f S1ate or of the United Slates with the legal power to eme:-
into a binding contract and which bids or applies to bid an amttaas for the provision of goods or ser\'ic:.:::s
let by a public entity, or which otherwise transacts or applies to tramaa business with. a public entity. The
term .pe~an. includes those officers, direaors, occmivcs.. partners, shareholders, employees, membe~, .:md
agents who arc active in management of an entity.
~UUUlW.illg ~ sworn =(l"n1~nt. (lndlcnte 1riUch. ~t-ntt applles.J
Neither the entity SUbmitting this swom statement, DOr any ot its ofticcrs, direaors. ~tivc:s,
p;r:mers, shareholders. empJoye=. members. or agents who arc active in the m:m:J.gement of the enuty, nor
any affiliate of the entity has been ch:1rged with and ccnviaed at a public entity aime subsequent to JUly
I. 1989.
~ The entity submitting this SWOrn statement. or one or marc of its officers, dirccrors, aa:urives,
panners, Shareho!ders, empfoyees, members, or agents who arc active in the management of the ennty, or
an affiliate ot the entity has been charged with and ccnviaed at a public emity aime subsequent to JUly
1, 1989." .
---"- - --.. - ... w.... .... ... """.---.... ..... ..-.... ......~~J
- The entity submitting this SWOrn sta~ent. or one or more of ias otficers. direaors. ~.:rives,
panners. shareholders. employees. me::1bers. or agcms who arc aaive in tJ1c man:1gement of the entity, or
an affiliate of the entity has been ctarged with and CDnviaed at a public entity aime subsequent to ~u1y
1. 1989. Howe\'er. there has been a sUbsequcm pIOcec:ding before 3. HClIing Officer of the Slate of Flond.1.
~ivision o~ Adminis~~e He:uings omd the Fmai Order ectercd by tl:c He:lr.ng Olficcr detc.n::i::.::i :.!l:lt
It was not 1Il the public Interest to place the entity submitting this SWOm Stalement on lhe lDUVlcred vendor
list. [aruch a copy o( the final onierf _
.
I IDmERsTAND THAT TIIE stmMIssrON OF THIs FORM TO TlIE CONTRACTING OmCER FOR THE
PT..TJ3UC ENTI1Y ID~ 11':- ll::D IN PARAGRAPH 1 (ONE) ABOVE IS FOR 1'lL\T PUBUC ENTI1Y ONLY AND.
-THAT nns FOR..\! IS VALID THROUGH DECEMBER 31 OF nn: CALENDAR YEAR IN WHICH rr IS FILED.
I ALSO UNDERSTA1'ID THAT lAM REQUllU:D TO INFORM TlIE PUllUC ENlTIY PRIOR TO .E:NTE:RING
INTO A CONTRAcr t'l EXCESS OF THE TImEsHOLD AMOUNT PROVIDED IN SECTION 237.017, nORIDA
ST.~ TI..:'1"Fs. FOR CATEGORY TWO OF ANY CHANGE IN nn: INFORMATION CONTAINED IN THIS FORM.
qU~y
( ture
S\1..0:= to and sucsc:::~ beicre :1C U1is
clay ot
M~""",....n
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OR ?:::~11.:.:.d id~:::t:~tion
c/~~~..~~.
Notary Public · Swc of - F 1.. Q ~ d;:a
.. " MARVIN M MELL
My ccmm;~on~.. Sll IE Of FtORIDA
PUBL.IC" My Comm Exp ILl/'$)
C~MM NBR CC190958
(printea typea or smmpca
a)mmissiancd Dame of nawy public)
Pe:::n:l1!y knO\\ll Anthon~ V. Falcone
(T)1=e of idenuilQuo:l)
FOI1:1 PlJR 7068' (Re.... 06/1:L92)
MH[-lU-~b tKl IJ:U8
Fri. 10/18 :
Sat. 10/19:
Sun. 10/20:
Mon.l0/21:
Tues. 10/22:
Wed. 10/23:
Thurs. 10/24:
Fri. 10/25 :
Sat. 10/26:
Sun. 10/27:
MUNkUt. CUUNry TOe
FAX NO. 30b29bU1ti8
P.U3
Fantasy Fest #96 Preliminary Schedule of Events
CIlII of the Wild...
Goombay Celebrqtion in Bahama Village
King & Queen Coronation Ball
Goombay Celebration continues
Bal Masque Carnivale
Key West Sailing Club Fantasy Yacht Race
Masked Monday
Fantasy Fest poster signing party
Masked Madness iii Headdress Ball
sponsored by the Key West Business Guild
Pet Masquerade and 'Parade at Marriott's Cas a Marina
Celebrities Look-alike Contest at La Concha Hotel
Beach Party at Hog' 5 Breath Saloon
Toga Party at Sloppy Joe's
Pretenders in Paradise Costume Competion at the Pier House
Costume Party at the Green Parrot
Street Fair on Duval-Arts, crafts and tropical treats
Masqutrade March through Old Town
Tea Dance in the Street at the 801 Bar
Masquerade Fantasies Costume Contest at Ocean Key House
Du~al Street Promenade
La Te Da Tea Dance in the Street
Coors Light Fantasy Fest Parade
Post-Parade costume competitions and late night parties
Children's Day at Bayview Park
It should be pointed out that the ATD umbrellas and promotes several
events over which we have no control in term 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 with (It) indicate events that the Assodation for Tourism
Development will coordinate. Other events on the schedule will be executed
by other groups or businesses. It should also be noted at ~ writing that this
schedule of events will fill out considerably as private busfesses become
involved. I
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ICE,( WEST; flOR'PA-
1996 FANTASY FEST BUDGET
Collateral (Brochures, Airport Sipge. Bulk and Direct Mail,
Posters, Production, Promo Printing)
$13,800
Public Relations (Promo printing, Videography)
Photography, Production)
8.500
National Advertising (print, RadiofrV, Production)
43,300
· In County Advertising (Print, Radionv t Production)
8,400
584,000
· lOOID In County
FANTA>Y FE$T. ~O. BO)( Z30, KEY WE.ST, FL33041 · (305) 296-1817
FA~(305)Z9+-3335