Loading...
FY 1997 Destination Events Agreement 1 THIS AGREEMENT is entered into this I (p Mday of fJPj2IL, 19S7, by and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC) 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 ($85,000) eighty five thousand dollars for Fantasy Fest '97 covering a period from October 17-26, 1997 from tourist development tax funds (See Exhibit A). County shall fund advertising and promotional activity at up to 1 QOt'<> in-county with balance out of county. 2. Scope of Servi~es: The Association for Tourism Development agrees to provid,e 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 publi(~ 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:in progress Uj)on :-' ~ ;- submission of documented invoices associated with said event. ~:. .~ 4. Payment Any payments directly to the Association forgToudsm ._-~ Development or vendors associated with said event shall be as follows: -.J_, Payment upon presentation of an invoice shall indicate the taslgeomp~ted ~ " .- :,,":) for which payment is sought, with proper documentation attached. -'-:; N - 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. Monroe County's performance and 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 SOCC or to an authorized representative for audit. 1 6. Modification: No changes or modifications to this Agreement, including but not limited to the Scope of Services, shall become effective until executed by both parties. L.ine item changes to the advertising and promotion budget, shall not exceed 10% of the larger line item amount. No budget amendments are permissible once the BOCe has approved the contract. 7. Breach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the BOee reserves the right at its discretion " provided such breach is material, to terminate the services in this agreement for any ITlisfeasance, 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 terminatecL 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 Spc~nsor agrees to refund to the SDCC any amounts already paid to them under this agreell1ent, and relieve the BOCe 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) documentc~tion 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 Cc)unty of all risks for loss or damage during the event not caused by SDCC 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 aris1e 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. 2 -rhe 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 Th~~ County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this agreement. Ac(~eptance 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 o~ligation assumed under this agreement or imposed by law. ThE~ Monroe County Board of County Commissioners, its employees and officials will be inciluded as "Additionallnsured" on all policies. ThE~ minimum limits acceptable for Commercial General Liability shall be: $1,000,000 Combined Single Limit (CSL) Rec~ognizing 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 ~)eparate Liquor Liability policy is acceptable if the coverage is no more restrictive than the Association for Tourism Development's General Liability policy. An), deviations from these General Insurance Requirements must be requested in writing c)n the County form titled "Request for Waiver of Insurance Requirements" and must be alPproved by Monroe County Risk Management. 13. Permits: The Association for Tourism Development will secure all required permits, licenses including but not limited to occupational licenses. 14. Taxes: The BDCC and TOC are exempt from Federal Excise and State of Florida ;Sales Tax. 15. Finance Charges: The BOCC and TDC will not be responsible for any finance charges. 16. Relation of BOCCITOC: 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 considerecj servants or agents of the SOCC and TDC and the SOCC and TDC 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. 3 17. Disclosure: The Association for Tourism Development shall be required tC) list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monrc)e County Code. The Association for Tourism Development shall disclose to the BO(~C 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 anej TDC. 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 rightll title or interest therein, or his or its power to execute such agreement to any person, cc~mpany 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 th~s Agreement. This Agreement shall be subject to all federal, state, and local laws and c)rdinances. 20. Force M~jeure: 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 occ:urrence of any contingency beyond its control or the control of any of its subcontrae:tors or suppliers, including labor dispute, strike, labor shortage, war or act of war wheth,er an actual declaration thereof if made or not, insurrection, sabotage, riot or civil comrrlotion, 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 TDC or BOCC, the Associatic)n for Tourism Development must furnish evidence of the causes of such delay or fciilure. The Association for Tourism Development shall not resume its performan(~e hereunder unless provided for in the Scope of Services. 21. Governing LawNenue: This Agreement shall be governed and construed by and in 4accordance with the laws of the State of Florida and the County of Monroe 4 and Fede~rallaw. Venue for any dispute concerning this Agreement shall be in Monroe County. 22. Secyrity ProtectiQn: The Association for Tourism Development agrees to provide adequate security for the event. No TOG funds will be used for this purpose. 23.. Ownership: All advertising and promotion work performed under the agreemerlt and paid for by the BOee and TDe shall be the property of the BOee and TOG, for whatever use and/or disposition the SOCC and TOG may deem appropriate. 24.. Media rights: The TOe shall have the right to broadcast, rebroadcast, use, repr'oduce or transmit for any purpose whatsoever, radio, television, pictures, sound, filrn and tape motion pictures and still photographs paid by the BOCC and TDC 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). 26. Severability: If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remaining provisions 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. 1 0-1990 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, percentagt9, gift, or consideration paid to the former or present County officer or employee. 5 29.. Public Entity Crimes: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded ()r perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for period of :36 months from the date of being placed on the convicted vendor list." 30. Entire Agreement: The parties agree that the Agreement above constitutes the entire agreement between the BOCC and Association for Tourism Development. IN .WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL) Att ~COtiN ~(~~~ , .' ~ /""'-' 't:f-..." 1.'''.::.'7,"/ :f. '. \~ ~J' ;'\ f: ,. ,'. i fi1. ~ f\... \. " , ~ \)., ;~.~~.... .,,' :'i =t1~~~.L. KOLHAGE, Clerk I, '_ 1,.' . \(\-b'~,,-"" By~-<-c ." t.x.:L.__. c._ ~.:>'t-, ~/ -"tt'~ 4 Deputy Clerk Approved as to form and legal sufficiency by: 6 Association for Tourism Development By BOARD OF COUNTY COMMISSIONERS OF MONR E CO NTY, FLORIDA By Date: EXHIBIT COlllateral Pr()Inotion, Public Relations In County Regional Advertising OUlt-of-County Advertising National Radio/TV Media Production TOTAL "A" $ 21,200. 7,s00. 8,s00. 42,800. 5,000. $ 85,000. EXHIBIT 1) (1) FANTASY FEST '97 Preliminary Schedule of Events October 17 - October 26 Friday, October 17 Goombay Celebration in Bahama Village King & Queen Coronation Ball to benefit AIDS Help, Inc. at Kelly's Caribbean Bar & Grill Saturday, October 18 Goombay Celebration Continues Bal Masque Carnivale at Holiday Inn Beachside Sunday, October 19 Key West Sailing Club Fantasy Yacht Race Monday, October 20 Masked Monday in Old Town Fantasy Fest poster signing party, vintage poster exhibit all week Tuesday, October 21 Mllsked Madness & Headdress Ball, sponsored by the Key West Business Guild Wednesday, October 22 Pet Masquerade and Parade at Marriott's Casa Marina Beach Party at Hog's Breath Saloon Celebrity Look-Alike Contest at Celebrities Thursday, October 23 Pretenders in Paradise Costume Competition at the Pier House Toga Party at Sloppy Joe's Friday, October 24 Masquerade March through Old Town * Tea Dance in the Street Masquerade Fantasies Costume Competition at the Ocean Key House Saturday, October 2S Duval Street Promenade * Tea Dance in the Street Twilight Fantasy Parade * Sunday, October 26 Children's Day at Bayview Park 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 with (*) indicate events that the Jt\ssociation 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 ()ut considerably as private businesses become involved.