FY2004 11/19/2003
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 4,2003
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Haned
Deputy Clerk
At the November 19,2003, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of the following:
./Destination Events Agreement between Monroe County and the Gay and Lesbian
Community Center covering Pridefest 2004 on June 5-13, 2004 in an amount not to exceed
$25,000, DAC I, FY 2004 Third Penny Event Resources.
Destination Events Agreement between Monroe County and W omenfest, Inc. covering
Womenfest 2004 on September 7-12,2004 in an amount not to exceed $6,228, DAC I, FY 2004
Event Resources.
Enclosed are two duplicate originals of each of the above mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator wlo documents
County Attorney
Finange
File ./
Destination Events Aareement
THIS AGREEMENT is entered into this I (p day of NO ~ ,2003 by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA (BOCC),
and the Gay and Lesbian Community Center.
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC agrees to pay up to $25,000 (Twenty Five Thousand Dollars) for
Pridefest 2004 on June 5 - 13, 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: Gay and Lesbian Community Center agrees to provide the
County with an event as specified below:
a). Mr. Pridefest contest
b). Pridefest street festival
c). Gay games
d). Rainbow Colors Ball
e). One Human Family parade
f). Awards Ceremony
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 Gay and Lesbian Community Center 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.
5. Accountinq: Financial records of Gay and Lesbian Community Center 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.
Pridefest 2004
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
Gay and Lesbian Community Center
8. Termination: This Agreement will be terminated on September 30, 2004. All
invoices must be submitted prior to September 30, 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.
Gay and Lesbian Community Center 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: Gay and Lesbian Community Center
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: Gay and Lesbian Community Center, as a pre-requisite
of the Special Event governed by this agreement, shall obtain, at its own expense, insurance
as specified in this section.
Gay and Lesbian Community Center 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. Gay
and Lesbian Community Center 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 replaced. Gay and Lesbian Community Center shall
provide, to the County, as satisfactory evidence of the required insurance, either:
Pride fest 2004
2
*
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 Gay and Lesbian Community Center's insurance shall
not be construed as relieving Gay and Lesbian Community Center 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.
Gay and Lesbian Community Center 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, Gay and Lesbian
Community Center 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
Pridefest 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: Gay and Lesbian Community Center will secure all required permits,
licenses including but not limited to occupational licenses.
13. Taxes: The SOCC and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
14. Finance Charaes: The SOCC and TDC will not be responsible for any finance
charges.
15. Relation of SOCCITDC: It is the intent of the parties hereto that Gay and
Lesbian Community Center 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 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.
16. Disclosure: Gay and Lesbian Community Center shall be required to list any or
all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code.
Gay and Lesbian Community Center shall disclose to the SOCC 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 SOCC and TDC.
17. Assianment: Gay and Lesbian Community Center 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 SOCC.
18. Compliance with laws - Nondiscrimination: Gay and Lesbian Community Center
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: Gay and Lesbian Community Center 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,
Pridefest 2004
4
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 Gay and Lesbian Community
Center 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, Gay and
Lesbian Community Center 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: Gay and Lesbian Community Center 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".
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.
Pridefest 2004
5
27. Ethics Clause: Gay and Lesbian Community Center 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.1 0-1990 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 Gay and Lesbian Community Center
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Gay and Lesbian Community Center.
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Pridefest 2004
EXHIBIT A
SUMMARY
TOURIST DEVELOPMENT COUNCIL
BUDGET BREAKDOWN
FISCAL YEAR 200312004
EVENT NAME: PRIDEFEST 2004
DIRECT MAIL & POSTAGE $
GRAPHIC DESIGN, PRINTING, PRODUCTION $ 1,500
PUBLIC RELATIONS
$
MEDIA ADVERTISING
$ 21,000
T-SHIRTS, CAPS, JACKETS
$
*GENERAL - NON-ALLOCATED
(Contingency)
$ 2,500
TOTAL:
$ 25,000
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT
AWARDED BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
FOR THIS SPECIFIC EVENT
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MCTG-3125 New Logo Slick L01