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DESIGN BUILD INSTALL OPERATE AND STRIKE AN EXHIBIT IN NAGANO JAPAN ,,"- I I AGREEMENT THIS AGREEMENT is made and entered into on the /2- 4-'day of January, 1998, by and between Enterprise Florida, hereinafter referred to as the "Sponsor", and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The City of Clearwater has received a grant from the State of Florida, as well as additional funding from other sources, to design, build, install, operate, and strike an exhibit in Nagano, Japan, during the 1998 Olympic Winter Games; and WHEREAS, This economic development and tourism driven activity will highlight the opportunities available in Florida through exposure to millions of Olympic visitors in Nagano and the world audience viewing the Games; and WHEREAS, The City of Clearwater will be operating the Pavilion in the Sun, the Clearwater/Nagano Hospitality Center, from January 31 through February 22, 1998, in Nagano, Japan during the 1998 Olympic Winter Games; and NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Sponsor and City hereby agree as follows: 1. TERM This Agreement shall commence on the day signed and terminate on the 31st day of March, 1998, unless earlier terminated by either party hereto. 2. SPONSOR'S COMMITTMENT The Sponsor agrees upon execution of this Agreement to contribute the sum of $25,000.00 to the City of Clearwater for operation of its Pavilion in the Sun project. 3. CITY'S COMMITTMENT The City of Clearwater agrees to provide Enterprise Florida the following materials and services in exchange for the sponsorship fee of $25,000: A. Technology - Multi-lingual kiosk with hardware and software completely translated for continued use. co-- '/ C;' / ('c" , v i, .' (i) I I Three multi-lingual computer kiosks will be available for visitors to use during the operation of the Center from January 31 through the closing ceremonies of the Games, February 22. A Florida business segment is included within the Kiosk program with information about products and services specifically available in Florida. Through this agreement, Enterprise Florida is purchasing a copy of the software and will own only the copy of the software, not the rights to the software. All information (text and audio) is translated into French, English, and Japanese. The Made in Florida graphic image will be shown on all three Kiosks (in the same program) as will images of generic and important industry segments in Florida. After completion of the Pavilion in the Sun project, Enterprise Florida will own one Kiosk Surround with the hardware and software copy already translated and ready for use for trade show opportunities throughout the world. B. Lead generation from the affluent Olympic visitor market. Through a postcard referral program and trained volunteers, Enterprise Florida can expect to receive hundreds of leads concerning How and Why to engage in commercial ventures in the State of Florida. Each of the anticipated 5,000 per day visitors to the Pavilion in the Sun will receive a Florida postcard requesting information about tourism and Florida business opportunities. The City of Clearwater and Total Event Management, the consultant managing the project, will send all industry requests to Enterprise Florida for follow-up and distribution statewide. c. A unique and customized wall display to be utilized after the Games. In order to maximize the value of Enterprise Florida's involvement, a unique modular wall display measuring approximately 9 x 6 feet will be constructed for the display of the Made in Florida images and additional graphics. This wall will encase at least one back lighted "duratran" panel. The final layout will be determined between the Enterprise Florida and Piper Productions with the approval of the City of Clearwater as represented through their consultant, Total Event Management Group. D. A complete Return on Investment report will be furnished to Enterprise Florida by Total Event Management by March 15, 1998. ~ . ., I I 4. ENTIRE AGREEMENT AND AMENDMENTS This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements of understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties. 5. BINDING EFFECT, ASSIGNMENT This Agreement shall be binding upon and shall inure to the benefit of the Sponsor and the City. Nothing in this Agreement shall be construed to permit the assignment by the Sponsor of any of its rights or obligations hereunder, as such assignment is expressly prohibited without the prior written consent of the City. 1. GOVERNING LAW, SEVERABILITY. In the performance of the Agreement, each party shall comply with all applicable federal, state and local laws, rules, ordinances and regulations. This Agreement shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In witness whereof, the parties hereto have set their hands and seals on the date first above written. Countersigned: CI~ By: Michael J. Roberto, City Manager Approved as to form and legal sufficiency: Attest: -~~ John Carassas Assistant City Attorney ~ ZjJ-.~...... ~. Cy la E. Gotid~u City lerk _ / - . . ENTERPRISE FLORIDA ~~ ~, senior~ President, Communications