Item F8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 19, 2003 Division: TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of a Destination Agreement with Womenfest, Inc. covering Womenfest 2004
on September 7-12, 2004 in an amount not to exceed $6,228, DAC I, FY 2004 Event
Resources.
ITEM BACKGROUND:
TOC approved same at their meeting of August 13, 2003
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: $6,228
BUDGETED: Yes X No
COST TO COUNTY: $6,228
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X.- No
AMOUNT PER MONTH Year
APPROVED BY: County Atty ~
o~anagement~
~,.~
(Lynda Stuart)
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION:
Included X
To Follow
Not Required_
AGENDA ITEM # ~
DISPOSITION:
Revised 2/2 7 /01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: W omenfest, Inc. Contract # -
Effective Date: 10/15/03
Expiration Date:
Contract Purpose/Description:
Approval of a Destination Agreement with W omenfest. Inc. covering W omenfest
2004 on September 7-12. 2004 in an amount not to exceed $6.228. DAC L FY
2004 Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 11/19/03 Agenda Deadline: 11/4/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 6,228 Current Year Portion: $ {o \ ZZB CJC:J.
Budgeted? Yes~ No D Account Codes: 115-75360-530340-T45M-024-X-530340
Grant: $
County Match: $
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
If>}~e In
Division Director ,.~
Risk Management I ()/'/fJ
Changes
Needed ~
YesD No~
YesD No~
YesD No~
YesDNo~
O.M.B./Purchasing / ~h ~/ ()J
County Attorney I~
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
S.Hutton
I
Destination Events Aareement
THIS AGREEMENT is entered into this day of , 2003 by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA (BOCC),
and the Womenfest, Inc..
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC agrees to pay up to $6,228 (Six Thousand, Two Hundred and Twenty
Eight Dollars) for Womenfest 2004 between September 7-12,2004 from tourist development
tax funds (See Exhibit A). No more than 10% of the total advertising and promotional costs
paid under this agreement shall be attributable to in-county activity.
2. Scope of Services: Womenfest, Inc. agrees to provide the
County with an event as specified below:
a). Womenfest Welcome Reception
b). Women's Art Show
c). Womenfest Film Festival
d). Funny Honey Comedy Night
e). Annual Wet T-Shirt Contest
f). Womenfest Golden Ball
g). Hot Buns Contest
h). Womenfest Tea by the Sea
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 shall receive payment of work in progress
upon submission of documented invoices associated with said event.
4. Payment: Any payments directly to Womenfest, Inc. 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. The BOCC's contracted public relations firm 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.
W omenfest 2004
5. Accountinq: Financial records of Womenfest, Inc. 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: Line item changes to the advertising and promotion budget may
be made up to but not exceeding 10% of the larger line item amount without requiring BOCC
approval of the particular change.
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 this agreement for any misfeasance, malfeasance, or
nonperformance of the agreement terms or negligent performance of the agreement terms by
Womenfest, Inc.
8. Termination: This Agreement will be terminated on December 12, 2004. All
invoices must be submitted prior to December 12, 2004.
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 19, 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.
Womenfest, Inc. 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. Indemnification and Hold Harmless: Womenfest, Inc. 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, except those
losses or damages caused by BOCC or its agents.
11. Insurance Requirements: Womenfest, Inc., as a pre-requisite of the Special
Event governed by this agreement, shall obtain, at its own expense, insurance as specified in
this section.
Womenfest, Inc. will not be permitted to commence work associated with the Event
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the county as specified below. Womenfest, Inc. shall maintain
the required insurance throughout the entire duration of the Special Event and any extensions
specified in any attached schedules. Failure to comply with this provision may result in the
immediate suspension of the Event until the required insurance has been reinstated or
W omenfest 2004
2
replaced. Womenfest, Inc. shall provide, to the County, as satisfactory evidence of the required
insurance, either:
* Certificate of Insurance
or
* Certified copy of the actual insurance policy
A certified copy of any or all insurance policies required by this contract shall be filed with the
Clerk of the BOCC prior to the Event.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
Acceptance and/or approval of Womenfest, Inc.'s insurance shall not be construed as
relieving Womenfest, Inc. from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies.
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.
Womenfest, Inc. shall furnish the County with a certificate evidencing the insurance
required by this paragraph not later than twenty (20) days prior to the event.
Prior to commencement of work governed by this contract, Womenfest, Inc. shall obtain
General Liability Insurance. Coverage shall be maintained through out the life of the contract
and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
* $500,000.00 per person
* $1,000,000.00 per Occurrence
* $100,000.00 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the effective
W omenfest 2004
3
date of this contract. In addition, the period for which claims may be reported should extend
for a minimum of twelve (12) months following the acceptance of work by the County.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Contractor'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 not more restrictive
than the contractor's General Liability policy.
12. Permits: Womenfest, Inc. will secure all required permits, licenses including but
not limited to occupational licenses.
13. Taxes: The BOCC and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
14. Finance Charqes: The BOCC and TDC will not be responsible for any finance
charges.
15. Relation of BOCC/TDC: It is the intent of the parties hereto that Womenfest, Inc.
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.
16. Disclosure: Womenfest, Inc. shall be required to list any or all potential conflicts
or interest, as defined by Florida Statute 112 and Monroe County Code. Womenfest, Inc. 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.
17. Assiqnment: Womenfest, Inc. 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.
18. Compliance with laws - Nondiscrimination: Womenfest, Inc. 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.
19. Force Maieure: Womenfest, Inc. 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
W omenfest 2004
4
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 Womenfest, Inc. 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, Womenfest, Inc. must
furnish evidence of the causes of such delay or failure. BOCC shall not pay for any services or
activities, promotional or otherwise, connected with an event produced after the date(s)
described in paragraph 1 and Scope of Services.
20. GoverninQ 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.
21. Security Protection: Womenfest, Inc. agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
22. 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.
23. Media riqhts: 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.
24. Loqo: All promotional literature and display advertising with the exception of
generic advertising must display the "Florida Keys & Key West, Monroe County Tourist
Development Council Come As You Are" logo/trade mark (as per enclosed). This
logo/trade mark was adopted by the TDC and County in November 2000. No re-imbursement
will be provided to those entities utilizing the old logo/trade mark "Florida & Key West Come as
you are". Radio Advertising should read "Brought to you by the Monroe County Tourist
Development Council".
25. 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.
26. 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.
Womenfest 2004
5
27. Ethics Clause: Womenfest, Inc. warrants that it has not employed, retained or
other wise had act on its behalf, any former COUNTY officer or employee in violation of
Section 2 or Ordinance No. 10-1990 or any COUNTY officer or
employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the
provision the COUNTY may, at its discretion terminate this agreement without liability and may
also, at 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.
28. Public Entitv 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."
29. Entire AQreement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Womenfest, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Womenfest, Inc.
By
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
By
Mayor/Chairman
By
6
MONROE COUNTY ATTORNEY
(/" A._ ~P~OVEDA~h'yg~~d
_. "- _.{t/) l.cl./ ~v<: -I't=__
" ._/"'JSUZANNE A~HUTTON
. Date.f\ SI_STAN~. ~:QU~:'-Y,~T~t?R~EY
-'---'~'-'.r'"'--~7~;k.~~~
W omenfest 2004
AMENDMENT TO AGREEMENT
THIS Amendment to Agreement is made and entered into by and between the Board
of County Commissioners of Monroe County, Florida (hereinafter referred to as the "County"),
and Key West Investment Syndicate, Inc. (hereinafter referred to as "Event Sponsor");
WHEREAS, there was a contract entered into on October 15, 2003, between the
parties, awarding $4,350 effective October 1, 2003 to Key West Investment Syndicate, Inc. for
the production of the APBA Offshore Worlds Billfish Tournament on November 19-21; and
WHEREAS, it has become necessary to revise the name of the event in the agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1. Paragraph one of the Agreement shall read "County shall pay a sum not to
exceed $4,350 (Four Thousand, Three Hundred and Fifty Dollars) for promotion and related
expenditures effective October 1, 2003, as described in the event budget, attached hereto as
Exhibit B, for production of the Offshore Worlds Billfish Tournament on November 19-21,
2003.
2. References in Exhibit A; B and Request For Waiver of Insurance Requirements
to APBA Offshore Worlds Billfish Tournament will be changed to Offshore Worlds Billfish
Tournament.
2. The remaining provisions of the contract dated October 15, 2003, remain in full
force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
(S EAL)
Attest:
Key West Investment Syndicate, Inc.
By
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
MONROE COUNTY ATTORNEY
_tiPPROVE~_~~/:F _~/~..:/
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c_,..---~_-.V SUZA NE '. HJTTON
. ASSISTANTC.OY.fJJf ATTQRNEY
Date._ I c;'i.!/ " / r;' I'
/ / ~.....,
EXHIBIT A
SUMMARY
TOURIST DEVELOPMENT COUNCIL
BUDGET BREAKDOWN
FISCAL YEAR 200312004
EVENT NAME:
W omenfest 2004
DIRECT MAIL & POSTAGE
$
GRAPHIC DESIGN, PRINTING, PRODUCTION $
PUBLIC RELATIONS
$ 500
MEDIA ADVERTISING
$ 5,728
T-SHIRTS, CAPS, JACKETS
$
*GENERAL - NON-ALLOCATED
(Contingency)
$
TOTAL:
$ 6,228
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT
AWARDED BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
FOR THIS SPECIFIC EVENT.
TU[ [LmIDA KHS &KHW[ST
MONRO[ COUNTYTOURIST OmLOPMfNT COUNCil
Come as you are@
TU[ [LORIDA KHS & KH W[ST
MONRO[ COUNTY TOURIST OmLOPM[NT COUNCil
Come as you are@
TU[ [LORIDA KHS & KfY W[ST
MONRO[ COUNTY TOURIST O[VUOPM[NT COUNCIl
Come as you are@
TU[ [LORIDA K[YS & KH W[ST
HONRO[ COUNTY TOURIST OmLOPH[NT COUNCil
Come as you are@
TU[ [LORIDA KHS &KfYW[ST
HONRO[ COUNTY TOURIST OmLOPH[NT COUNCIl
Come as you are@
TU[ [LORIDA KHS & KfY W[ST
HONRO[ COUNTY TOURIST OmLOPH[NT COUNCIl
Come as you are@
THf [LORIDA KfYS & KfY WfST THf [lORIDA KHS & KH WfST THf [lORIDA KfYS & KfY WfST
MONRO[ COUNTYTOURIST D[VROPM[NT COUNCil MONRO[ COUNTY TOURIST D[VROPM[NT COUNCil MONRO[ COUNTY TOURIST DmLOPM[NT COUNCIl
Come as you are@ Come as you are@ Come as you are@
THf [lORIDA KHS &KH WfST THf [lORIDA KHS & KfY WfST THf [lORIDA KHS & KfY WfST
MONRO[ COUNTY TOURIST DmLOPM[NT COUNCIl MONRO[ COUNTY TOURIST D[VROPM[NT COUNCil MONRO[ COUNTY TOURIST DmLOPMfNT COUNCIl
Come as you are@ Come as you are@ Come as you are@
TH[ [LORIDA K[YS & K[Y W[ST TH[ [LORIDA K[YS & K[Y W[ST TH[ [LORIDA K[YS & K[Y W[ST
MONRO~ COUNTY TOURIST D~VnOPM~NT COUNCIL MONRO~ COUNTY TOURIST D~V~LOPM~NT COUNCIL MONRO~ COUNTY TOURIST D[VnOPM~NT COUNCIL
Corne as you are@ Come as you are@ Come as you are@
TH[ [LORIDA K[YS & K[Y W[ST TH[ [LORIDA K[YS & K[Y W[ST TH[ [LORIDA K[YS & K[Y W[ST
MONRO~ COUNTY TOURIST D~V~LOPM~NT COUNCIL MONRO~ COUNTY TOURIST D~V~LOPM~NT COUNCIL MONRO~ COUNTYTOURIST D~VnOPM[NT COUNCIL
Come as you are@ Come as you are@ Come as you are@
TH[ fLORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL
Come as you are@
TH[ flORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCil
Come as you are@
IH[ fLORIDA I([YS & K[Y W[ST
MONRO[ COUNTY TOURIST D[V[lOPM[NT COUNCil
Come OlS YOlul are@
TH[ flORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL
Come OlS YOlul are@
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