FY 1998
Destination Events Agreement
THIS AGREEMENT is entered into this S>'ft day of ~, 1998, by and
between BIOARD 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 pc3rties agree as follows:
1. The BOCe agrees to pay up to ($97,000) ninety seven thousand dollars
for Fantasy Fest '98 covering a period from October 23 to November 1, 1998 from
tourist development tax funds (See Exhibit A). County shall .fund advertising and
promotional activity at up to 100/0 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 (TOe) and BOCC. The agencies of record. Tinsley Advertising
and Stuart Newman Associates shall receive payment of work in progress upon
submission e)f 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 pa~/ment is sought. with proper documentation attached.
Upon completion of said event, a financial statement detailing all revenue
and expensE~s utilizing generally accepted accounting principals shall be prepared.
notarized an(j 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 sacc or to an authorized representative for
audit. if c;;, \0. __
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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. Line item changes to the advertising and promotion budget, shall not exceed
1 0% of the larger line item amount. No budget amendments are permissible once the
soce has approved the contract. .
7. Sreach and Penalties: The parties agree to full performance of the
covenants contained in this agreement, and the SOCC 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 SOCC any amounts already paid to them under
this agreement, and relieve the soee 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)
documentation 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
Soard 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, irisurance 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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CertlTlCale or 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.
Accelptance and/or approval of the Association for Tourism Development's
insurance sl1all not be construed as relieving the Association for Tourism Development
from any liability or obligation assumed under this agreement or imposed by law.
The ~l1onroe County Board of County Commissioners, its employees and officials
will be inclucjed as "Additional Insured" on all policies.
The nninimum limits acceptable for Commercial General Liability shall be:
$1,000,000 Combined Single Limit (CSL)
Reco!~nizing that the event governed by this agreement may involve the sales
and/or distrilJution of alcoholic beverages, the Association for Tourism Development '5
General Liat)ility Insurance policy shall include Liquor Liability with limits equal to those
of the basic Icoverage.
A se~)arate Liquor Liability policy is acceptable if the coverage is no more
restrictive thi3n the Association for Tourism Development's General Liability policy.
Any deviations from these General Insurance R~quirements must be requested
in writing on the County form titled "Request for Waiver of Insurance Requirements" and
must be approved by Monroe County Risk Management.
13. Permits: The Association for Tourism Development will secure all
required perrnits, licenses including but not limited to occupational licenses.
14. Taxes: The soce and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
15. Finance Charges: The SOCC and TOC will not be responsible for any
finance charf~e5.
16. Relation of BOCCrrOC: 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 soce and TOe and the soec and TOG shall at
no time be Ie-gaily 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.
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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
sacc 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
soee and TOC.
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 Majeure: 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 TOC 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 the County of Monroe
and Federal law. Venue for any dispute concerning this Agreement shall be in Monroe
County.
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.
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23. Ownership: All advertIsing and promotion work performed under the
agreement and paid for by the SOCC and TOC shall be the property of the SOCC and
TOC, for whatever use and/or disposition the SOCC and TOC may deem appropriate.
24. Media right::;: The TOC shall have the right to broadcast, rebroadcast,
use, reproduce or transmit for any purpose whatsoever, radio, television, pictures,
sound, film c3nd tape motion pictures and still photographs paid by the SOGe and TOG
under this a~~reement.
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 encloseef).
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 affec:ted 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 nam~ in the agreement is the full name as designated in its
corporate ch;arter, and b) they are empowered to act and agreement for the sponsors
and c) this a~Jreement 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. 010-1990 or any
County officE~r or employee in violation Section 3 of Ordinance No. 020-1990. For
breach or vic)lation of this provision the County may, in its discretion terminate this
agreement wilthout 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.
29. .Public Entity Crimes: leA 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 or pE3rform 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 rTlonths from the date of being placed on the convicted vendor list."
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-., '.... - '\~t '-'-I I IC;;I H.. I fit:: panJes agree that the Agreement above
constitutes the entire agreement between the soee and Association for Tourism
Development.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL)
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,,~~~)~~~jL. KOLHAGE, Clerk
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Approved as to form and legal sufficiency by:
Tourist Development Association, d.b.a.
Association For Tou ism Development
By ~A ~ ~X
fit1/)
BOARD OF COUNTY COMMISSIONERS
OF MON OUNTY, FLORIDA
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FX1-lIRIrr A.
ICE\{ WEST', flO~'~A-
FANTASY FEST 1998
Advertising & Promotion
Collateral $ 22,000.00
Promotion
pubnc Relations (VIdeo, Photography, Production) 12.500.00
In County Regional Advertising (print, radio, production) 9.700.00
Out-of-County Advertising (radio, print, TV) 45.000.00
RadiolTV Media Production 5,800.00
Postage & Mailing 2,000.00
TOTAL ~97.000.2Q
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KEY WESf, fLOR1PA-
FANTASY FEST 1998
SCHEDULE OF EVENTS
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Frid~~vlP October 23
Goombay Celebration - Key West's Bahama Village celebrates its culture &
heritage with food, arts & crafts, and live music.
Royal Coronation Ball, Hi/ton - Held at the Hilton Resort & Marina, this AIDS
Help benefit is the culmination of weeks of campaIgning by the King & Queen
candidates. An are invited to attend and place their votes'
~.mrdav. October 24
Goombay Celebration - see notation for Friday, October 23
Bal Masque Carnivale, The New Orleans House - Mask your identity & have a
balll 1'10 mask, no entry.
Sund4iY, October 25
Fantasy Yacht Race - hosted by the Key West Sailing Club.
Mond~3Y. October 26
ZONTA Costume Auction, Kelly's Caribbean Bar & Grill- This benefit for ZONTA
will offer fantastic costumes & masks to the highest bidders. There will be live
entertainment and local celebrities will grace the stage as models.
Tuesd~ay,October27
Masked Madness & Headdress Ban - The Key West Business Guild presents a
costume competition featuring outlandish headdresses and masks.
Official Fantasy Fest Poster Signing Party - Fantasy Fest hosts the featured
poster cirtist and throws a party an at once!
Wednesday. October 28
WKRY Pet Masquerade and Parade, Marriott's Casa Marina _ Local pets and
their owners come out to compete in this wild and Woolly parade.
Celebrities Look-Alike Contest, Holiday Inn La Concha - Held at the Celebrities
Lounge. this competi~on invites all look-a likes to participate.
"Monster Mash" Hard Rock Cafe - A party featUring aU of Hard Rock's
memoralbilia and, of course, rock en' roll.
Beach Party, Hog's BreatJl Saloon - An annual tradition, Hog's Breath hosts a
night at the beach.
Thursdav, October 29
Tea Dance, Atlantic Shores - A traditional tea dance, in the .un"lraditional
apparel that only Fantasy Fest could present
Toga Party, Sloppy Joe's - An established events, toga's, libations, etc.
Costume Party, Green Parrot - An annual tradition, costumed mayhem in Green
Parrot style.
Pretenders In Paradise. Pier House Resort - The premier costume competition
for Fantasy Fest. Professionals and amateurs alike are invited to compete for
cash prizes.
Friday, October 30
Street Fair - Arts & crafts and food vendors from Monroe County may purchase
space on Duval Street for selling their wares, Alcohol booths are allotted by
lottery to non-profit organizations.
Masquerade March - A local's favorite. this march weaves its way through Old
Town converging at the Street Fair on Duval Street.
Tea Dance, 801 Pub - A tea dance in the street.
Costume Competition, Ocean Key House - One more chance to display your
devilish duds for big prizes.
Saturday. October 31
Duval Street Promenade - Food and alcohol booths will be open on the side
streets of Duval. An entertainment stage will be erected on Duval and feature
local vocalists and musicians.
Tea Dance, Bourbon Street Pub
Tea Dance, La Te Da
Coors Ught Fantasy Fest Parade
Sunday. November 1
Children's Day
Brunch at the Hyatt