05/19/2004
Destination Events Aareement
THIS AGREEMENT is entered into this jljtft day of 1J1kL. 2004 by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC)
and the Naval Air Station Key West.
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC agrees to pay up to $11,000 (Eleven Thousand Dollars) for the 2004
NAS Key West Air Show - "Blue Angels In Paradise" on November 6 - 7, 2004 from tourist
development tax funds (See Exhibit A).
2. Scope of Services: Naval Air Station Key West agrees to provide the County with an
event as specified below:
a). A two (2) day air show to include a Blue Angels air demonstration
b). Food & Beverage
c). Vendors to include Aviation memorabilia
d). Static Military Aircraft displays
e). Children's activities
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 Naval Air Station Key West 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. No more than 10% of the total
advertising and promotional costs paid under this agreement shall be attributable to in-county
activity.
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 Naval Air Station Key West 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.
Blue Angels In Paradise
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
Naval Air Station Key West
8. Termination: This Agreement will be terminated on September 30, 2005. 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.
Naval Air Station Key West 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: The Naval Air Station Key West 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
event sponsored by the Naval Air Station Key West.
11. Insurance Requirements: Aircraft Liability: Recognizing that the work governed
by this contract involves the providing of aerial services, normally classified as ultra-hazardous
activities, Naval Air Station Key West shall purchase and maintain throughout the life of the
contract, Aircraft Liability Insurance, or provide proof of self-insurance specifically stating that
the policy will respond to banner towing, air shows, aerial inspection, or aerial photography, or
any other activity specified in the contract.
The Monroe County Board of County Commissioners shall be named as Additional Insured.
The minimum limits of liability shall be $5 million per occurrence.
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. General Liabilitv: Prior to the commencement of work governed by this contract, the Naval Air
Station Key West shall obtain General Liability Insurance or provide proof of self-insurance.
Coverage shall be maintained throughout 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 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 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 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.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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 no more restrictive than the Naval
Air Station Key West's General Liability policy.
The Monroe County Board of County Commissioners will be included as Additional Insured if a
separate Liquor Liability policy is provided.
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12. Permits: Naval Air Station Key West will secure all required permits and 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 Naval Air Station
Key West 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: Naval Air Station Key West shall be required to list any or all potential
conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. Naval Air
Station Key West 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: Naval Air Station Key West 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: Naval Air Station Key West 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: Naval Air Station Key West 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 Naval Air Station Key West 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, Naval Air Station Key West must
furnish evidence of the causes of such delay or failure. BOCC shall not pay for any services or
Blue Angels In Paradise
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. 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: Naval Air Station Key West 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. 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 Keys & Key West
Come as you are". Radio Advertising should read "Brought to you by the Monroe County
Tourist Development Council".
24. 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.
25. 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.
26. Ethics Clause: Naval Air Station Key West 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.
27. 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
Blue Angels In Paradise
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. 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."
28. Entire Aqreement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Naval Air Station Key West.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
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Naval Air Station Key West
BY~~
rommanding Officer, NAS Key West
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<AA~tJ).$NNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
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Blue Angels In Paradise
6
EXHIBIT A
SUMMARY
TOURIST DEVELOPMENT COUNCIL
BUDGET BREAKDOWN
FISCAL YEAR 2004/2005
EVENT NAME:
BLUE ANGELS IN PARADISE
DIRECT MAIL & POSTAGE
$
BROCHURES, POSTERS, PRODUCTION & PRIl $
PUBLIC RELATIONS $ 2,000
PHOTO PROGRAM $
MEDIA ADVERTISING $ 8,000
T-SHIRTS, CAPS, JACKETS $
*GENERAL - NON-ALLOCATED $ 1,000
TOTAL: $ 11,000
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT AWARD
BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THIS SPECII
T"[ ~LORIDA KHS & KH W[ST
',MONRO[ COUNlYTOURIST OffiLOPH[NT COUNCIL
Come as you are@
T"[ [LORIDA KHS & KH W[ST
HONRO[ COUNTY TOURIST OffiLOPH[NT COUNCIL
Come as you are@
T"[ nORIDA KHS & KH W[ST
HONRO[ COUNTY TOURIST OffiLOPH[NT COUNCIL
Come as you are@
. m[ nORIDA KHS & KH W[ST
HONl!O[ CQUNlYTOURIST OffiLOPH[NT COUNCIL
Come as you are@
T"[ [LORIDA KHS & KH W[ST
HONRO[ COUNTY TOURIST OffiLOPH[NT COUNCIL
Come as you are@
T"[ [LORIDA KHS & KH W[ST
HONRO[ COUNTY TOURIST OffiLOPM[NT COUNCIL
Come as you are@
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THf [lORIDA KHS & KH WfST THf nORIDA KHS & KH WfST THf nOR IDA KHS & KH WfST
MONROt COUNTY TOURIST DtvROPMtNT COUNCil MONROt COUNTYTOURIST DtvROPMtNT COUNCil MONROt COUNTY TOURIST DtvROPMtNT COUNCil
Come as you are@ Come as you are@ Come as you are@
THf [lORIDA KHS &KH WfST THf nOR IDA KHS & KH WfST THf [lORIDA KHS & KfY WfST
MONROt COUNTY TOURIST DtvROPMtNT COUNCil MONROt COUNTY TOURIST DtvROPMtNT COUNCil MONROt COUNTY TOURIST DtvROPMtNT COUNCil
Come as you are@ Come as you are@ Come as you are@
THt [lORIDA KtYS & KtY WtST THt [lORIDA KtYS & KtY WtST THt [lORIDA KtYS & KtY WtST
MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL MONROf COUNTY TOURIST DfVROPMfNT COUNCIL
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THt [lORIDA KtYS & KtY WtST THt [lOR IDA KtYS & KtY WtST THt [lORIDA KtYS & KtY WtST
MONROf COUNTY TOURIST DPlROPMfNT COUNCIL MONROf COUNTY TOURIST DfVROPMfNT COUNCIL MONROf COUNTY TOURIST DPlROPMfNT COUNCIL
Come as you are@ Come as you are@ Come as you are@
TM~ [lORmA KHS & K~Y W~ST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL
Come as you are@
TM~ [lORmA KHS & KH W~ST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL
Come as you are@
TH[ [LORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL
Come as you are@
TM~ nORmA K~YS & KH W~ST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL
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