12/10/1997Destination Events Agreement
THIS AGREEMENT is entered into this �day of , 1997, by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(BOCC) and the Florida Keys Corvette Club.
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as follows:
1. The BOCC agrees to pay up to ($5,000) five thousand dollars for 5th
Annual "Corvettes in Paradise" covering a period of November 6 - 7, 1998 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. Scone of Services: The Florida Keys Corvette Club agrees to provide the
County with an event as specified in the Scope of Services:
1. Corvette Auto Show
2. Different Classes Of Competition
3. Judging and Awards Presentation
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 in progress upon
submission of documented invoices associated with said event.
4. Payment: Any payments directly to the Florida Keys Corvette Club or
vendors associ@ted 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.
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 Florida Keys Corvette Club
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, 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
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10% of the larger line item amount. No budget amendments are permissible once the
BOCC has approved the contract.
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 Florida Keys Corvette Club.
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 BOCC from any further payments.
The Florida Keys Corvette Club 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 Florida Keys Corvette Club 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 Hold Harmless: The Florida Keys Corvette Club
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 Florida Keys Corvette Club , 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 Florida Keys Corvette Club 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.
Acceptance and/or approval of the Florida Keys Corvette Club's insurance shall
not be construed as relieving the Florida Keys Corvette Club 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 Florida Keys Corvette Club'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 Florida Keys Corvette Club's General Liability policy.
Any deviations from these General Insurance Requirements 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 Florida Keys Corvette Club will secure all required permits,
licenses including but not limited to occupational licenses.
14. Taxes: The BOCC and TDC 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 BOCC/TDC: It is the intent of the parties hereto that the
Florida Keys Corvette Club 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 TDC and the BOCC 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.
17. Disclosure: The Florida Keys Corvette Club shall be required to list any
or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe
County Code. The Florida Keys Corvette Club shall disclose to the BOCC 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 and TDC.
18. Assignment: The Florida Keys Corvette Club shall not assign, transfer,
convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title ov
interest therein, or his or its power to execute such agreement to any person, company
or corporation without prior consent of the BOCC.
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19. Compliance with laws - Nondiscrimination: The Florida Keys Corvette
Club, 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 Florida Keys Corvette Club 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 cor-trol 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 Florida Keys Corvette Club 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 Florida Keys Corvette Club must
furnish evidence of the causes of such delay or failure. The Florida Keys Corvette Club
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 the County of Monroe
and Federal law. Venue for any dispute concerning this Agreement shall be in Monroe
County.
22. Security Protection: The Florida Keys Corvette Club agrees to provide
adequate security for the event. No TDC 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 TDC shall be the property of the BOCC and
TDC, for whatever use and/or disposition the BOCC and TDC 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 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
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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 Florida Keys Corvette Club 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.
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 or 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 Florida Keys Corvette Club.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
cs
AttesNNY L. KOLHAGE, Clerk
Florida Keys Corvette Club
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
APPROVED AS TO FOR
AND L L SUFFICIEN
5 BY
NE �. H ON
DATE
EXHILIT A
November k-,7,1998
Show Supplies $100
Advertising
Out of County $8Q0
In County $200
Design & Printing
$150
Postage & Mailing
$150
T-shirts (to be included in Entry pkg.)
$1000
Commemortive Show Glass
$700
Show Booklets & Judging Sheets
$250
Trophies
$1600
Conch shells for Special Mention
TOTAL TDC FUNDS $5,000