Item D01BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JANUARY 28, 2009 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval is requested to advertise TDC FY 2010 Event RFP.
ITEM BACKGROUND:
TDC approved same at their meeting of October 28, 2008 Meeting
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $ BUDGETED: Yes X No
COST TO COUNTY: $ SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 11/06
AGENDA ITEM #
NOTICE OF REQUEST FOR PROPOSALS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that no later than 5:00 P.M. on
the Monroe County Purchasing Office will receive sealed Proposals for the
following:
DESTINATION/TURNKEY EVENT FUNDING
FOR EVENTS TAKING PLACE BETWEEN
JANUARY 1, 2010 THROUGH DECEMER 31, 2010
RFP-TDC PUR
Requirements for submission and the selection criteria may be requested from DemandStar by
Onvia at www.demandstar.com OR http://www.co.monroeCounty-
fl.gov/pages/msd/Proposals.htm or call toll -free at 1-800-711-1712. The Public Record is
available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, Key West,
FL 33040. Technical questions should be directed, in writing, to the Administrative Office of the
Tourist Development Council, (305) 296-1552. Any addenda to this Request for Proposals (RFP)
shall be distributed to vendors on the list of Demandstar distributees for this RFP.
Proposers must submit two (2) signed originals and, for each separate District indicated,
twelve (12) complete copies of each proposal in a sealed envelope clearly marked on the
outside, "Sealed Proposal for Destination/Turnkey Event Funding" addressed to:
Monroe County Purchasing Office
1100 Simonton Street, Room 1-213
Key West, FL 33040
Phone: (305) 292-4464
Fax: (305) 292-4465
All Proposals must be received by the County Purchasing Office
- Any Proposals received after this date and time will be automatically rejected. Materials may be
delivered by Certified Mail, Return Receipt Requested, hand -delivered or couriered. Faxed or e-mailed
Proposals will be automatically rejected. Hand delivered Proposals may request a receipt. If sent by mail or
by courier, the above -mentioned envelope shall be enclosed in another envelope addressed to the entity and
address stated above. Proposers should be aware that certain "express mail" services will not guarantee
specific time delivery to Key West, Florida. It is the sole responsibility of each Proposer to ensure their
Proposal is received in a timely fashion.
Monroe County's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Board of County Commissioners.
All proposals must remain valid for a period of ninety (90) days from the date of the
deadline for submission stated above. The Board will automatically reject the response of any
person or affiliate who appears on the convicted vendor list prepared by the Department of
Management Services, State of Florida, under Sec. 287.133(3)(d), Florida Statutes. Monroe
County declares that all or portions of the documents and work papers and other forms of
deliverables pursuant to this request shall be subject to reuse by the County.
The Board reserves the right to reject any and all Proposals, to waive informalities in any or
all Proposals, to re -advertise for Proposals; and to separately accept or reject any item or items
and to award and/or negotiate a contract in the best interest of the County.
Contract award will be by the Monroe County Board of County Commissioners to those
proposers whose Proposals are/is deemed by the Monroe County Board of County
Commissioners, upon recommendation of the Monroe County Tourist Development Council, to be
in the best interest of Monroe County.
Monroe County Purchasing Department
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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EVENT FUNDING APPLICATION
REQUEST FOR PROPOSAL
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Ms. Rita Irwin
Ms. Ronnie Harris
Mr. Lou Hernandez
Mr. Jay Marzella
Mayor Morgan McPherson
Mayor George Neugent
Mr. Frank Rego
Mr. Freddy Varela
Mr. Douglas Wright
Marketing Director
Harold Wheeler
INQUIRIES AND CORRESPONDENCE:
All questions pertaining to this solicitation should be directed to:
Administrative Office
Monroe County Tourist Development Council
P.O. Box 866
Key West, Florida 33040
Tel: (305) 296-1552 Fax: (305) 296-0788
All proposals submitted in response to this solicitation should be addressed to
and received no later than 5:00 p.m. (close of business day) July 14, 2009
Purchasing
Monroe County, Florida
1100 Simonton Street, 1st Floor, Room 213
Key West, Florida 33040
Attention: DESTINATION/TURNKEY EVENT APPLICATION
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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TABLE OF CONTENTS
EVENT APPLICATIONS
(Destination, Turnkey)
Destination and Turnkey Events:
Request for Proposal Overview 4-7
Event Funding Schedule 4
Application for Event Funding 8 - 19
Non -Collusion Affidavit 20
Drug Free Workplace Form 21
Required Attachments 22
Criteria for Evaluation 23
Sample Funding Agreement (Destination & Turnkey) 24-39
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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OVERVIEW AND INSTRUCTIONS
1) Proposal Schedule
(Contact Administrative Office for updated information)
(TDC/DAC Review/Evaluation meeting dates subject to change)
Issue of Request for Proposals
Workshoa for Event Aaalicants
DAC Review/Evaluation of Applications
TDC Review/Evaluation of Applications
BOCC Approval
APRIL 20, 2009
MAY 19 & 20. 2009
AUGUST 11 & 12, 2009
SEPTEMBER 22, 2009
AFTER OCTOBER 2009
2) Each successful proposer shall provide Monroe County with a Destination or a Turnkey
Event. Definitions of these events are:
a) Destination Events (Advertising and Public Relations Funding Only): (Bocc 2/16/05)
For the purposes of this solicitation, a destination event is developed and produced to entertain
the public and promotes tourism in the Florida Keys and Key West by drawing out -of -County
tourists into the Keys.
Such an event may or may not receive national/or international media exposure, however, the
professional agencies of the Tourist Development Council ("TDC') approve and support all
TDC funding for the event to help ensure the success of said event based on the amount of
allocated funds.
The event coordinator, for purposes of this RFP and any resulting contract, shall be the
production agent or other person or organization primarily responsible for the production of the
event, and the entity soliciting event funding under this process. Funds awarded for this event
are utilized for hard media and public relations related expenditures through the TDC agencies
of record to promote the event. For the Destination category, Monroe County shall fund
advertising and promotional activity at up to 10% in -County, and the balance must be spent out
of County.
The TDC agencies of record and contacts are:
Mr. John Underwood
Tinsley Advertising
2660 Brickell Avenue
Miami, Florida 33129
(305-856-6060)
Mr. Andy Newman
Stuart Newman Associates
2140 South Dixie Highway, Suite 203
Miami, Florida 33133
(305-461-3300)
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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b) Turnkey Events - (national marketing exposure) (BOCC 2/16/05)
For purposes of this solicitation, a Turnkey event is designed and produced to entertain the
public, and promotes tourism in the Florida Keys and Key West by drawing out -of -County
tourists into the Keys. This event shall be produced or coordinated by an entity soliciting event
funding under this process with national advertising or a history of national and/or international
media exposure.
The event is an entire package which guarantees national television exposure (to be aired
within ninety (90) days from completion of event if applicable within scope of services), radio
and newspaper marketing, with direction of said media to be reviewed and approved by the
advertising agency of record. In addition such event shall be considered an all inclusive event
where the promoter has financial responsibility for every facet of the management and
production of the event. For purposes of this RFP and all contracts awarded pursuant to it, the
event coordinator shall be the production agent primarily responsible for the production of the
event and is the entity with whom Monroe County shall contract. Involvement by the TDC
agencies of record would only be provided at the request of the TDC and/or the District
Advisory Committee ("DAC") and not as a requirement by the event coordinator or any sponsor
to insure the success of the event.
Payment under a contract for a Turnkey Event will be made upon the completion of the event
and upon the airing(s) of national and/or international television when said promotion has been
brought forward within the application as a component of qualifying as a Turn Key Event and
subsequently outlined within the scope of services within the contract with the BOCC. If an
event is canceled for any reason, no payment shall be forthcoming.
3) The Monroe County Board of County Commissioners (BOCC) reserves the right to reject
any and all proposals, to waive irregularities and informalities in any or all proposals, and to re -
advertise for proposals.
A grant award, if made, will be to the most responsive and most qualified proposer(s) which
the BOCC, upon recommendation by the DAC and TDC, deems to be in the best interest of
the County utilizing the Criteria for Evaluation. The successful proposer(s) shall enter into an
Event Contract with the BOCC. The TDC and County reserve the right to negotiate the terms
of any contract resulting from this RFP. (A sample of the contract(s) may be found on pages
24-39.) The BOCC reserves the right to allocate funds to one or more, or none of the
proposers.
4) Only complete sets of proposal documents will be issued and shall be used in preparing
proposal packages. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets. Complete sets of Proposal
Documents may be obtained in the manner and at the location stated in the Notice of Request
for Proposals.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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5) The preparation cost of a proposal response to this RFP is solely that of the proposer.
Further, the BOCC will not assume any responsibility or liability for costs incurred by the
selected proposer prior to the execution of the contract.
6) All information furnished or disclosed as part of the RFP process is considered a public
record by the laws of the State of Florida.
7) Any interpretation or correction of, or change to, the RFP shall be made in writing and
issued by the TDC Administrative Office. Addenda shall be mailed or delivered to all who are
known to have received this RFP.
Addenda will be issued no later than ten (10) calendar days prior to the submission date for
proposals, except in the case of an addendum postponing the submission date of the
proposals or withdrawing the RFP. It is the responsibility of the proposer to contact the
Administrative Office of the TDC at its telephone number (305) 296-1552 prior to submitting a
proposal to ascertain whether or not any addenda have been issued and to ensure that all
such addenda have been received.
Failure on the part of any proposer submitting a proposal to receive any such addenda will not
relieve such proposer from obligations under this RFP, any issued addenda, or the proposal
submitted by such proposer.
8) The Application form, pages 8 — 21 of this package and attachments required by page
22 shall be fully completed. All forms requiring signatures shall be executed. These
documents shall comprise the proposal. Do not include pages 1 through 7 in your submission.
The proposer shall submit to the office stated in the Notice of Request for Proposals two (2)
signed originals plus, for each separate District from which funding is requested, twelve (12)
copies of the complete proposal in a sealed envelope, marked clearly on the outside: "Sealed
Proposal for Destination/Turnkey Event Funding."
By signing the Non -Collusion and Verification form, the proposer declares nothing of monetary
value has been given, promised or implied to any County official, agent or employee as an
inducement to promote or approve a contract resulting from this RFP.
The proposer further declares that no prohibited lobbying, solicitation or other act to influence
the outcome of the competition, discussion or negotiations leading to the award of the contract.
The proposal must be signed by the authorized officer of the proposing entity and be complete
as outlined. Failure to sign the proposal or submit the application as outlined constitutes
grounds for non -acceptance of the proposal.
The proposer shall list all actual, proposed or potential conflicts of interest, financial or
otherwise, direct or indirect, involving any client's interest which may conflict with the interests
of the BOCC.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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The successful proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of
the contract or of any or all of its right, title or interest therein, without prior written consent of
the BOCC.
Failure to affirm the above in the application will result in rejection.
9) The draft contract included in this RFP can be adapted to the requirements of a specific
event. Acceptance of the final contract shall not occur until the BOCC has approved the
contract and it is executed by both parties.
10) Ethics Clause: Grantee warrants that he has not employed, retained or otherwise had
act on his 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 Grantor 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. The County and
Grantee warrant that, in respect to itself, it has neither employed nor retained any company or
person, other than a bona fide employee working solely for it, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making
of this Agreement. For the breach or violation of the provision, the Grantee agrees that the
County shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
(a) Covenant of No Interest. County and Grantee covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with
its performance under this Agreement, and that only interest of each is to perform and receive
benefits as recited in this Agreement.
(b) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
11) Public Entity Crime Statement: 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 an
Agreement to provide any goods or services to a public entity, may not submit a bid on a
Agreement 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, sub -contractor, or consultant under a Agreement with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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Monroe County Tourist Development Council
Application of Destination/Turnkey Event Funding
Please submit (a) two (2) originals and (b) twelve (12) copies for each separate District
indicated below of the completed application form (pages 8-21) as per the instructions found
on pages 4 — 7.
TITLE OF EVENT:
VENUE: (Location/City):
DATE(S) OF EVENT:
Category of Event (check one)
DESTINATION EVENT TURNKEY EVENT
INDICATE THE DISTRICT(S) FROM WHICH YOU ARE REQUESTING FUNDS and THE DOLLAR
AMOUNT
$ District I (encompasses the city limits of Key West)
$ District 11 (from city limits of Key West to the west end of the Seven Mile Bridge)
$ District III (from the west end of the Seven Mile Bridge to the Long Key Bridge)
$ District IV (between the Long Key Bridge and Mile Marker 90.939)
$ District V (from Mile Marker 90.940 to the Dade/Monroe County line and any mainland
portions of Monroe County
TOTAL AMOUNT REQUESTED (Total Districts I-V)
I. APPLICANT ORGANIZATION:
A. NAME OF CONTRACTING ORGANIZATION:
(Registered Business name)
FICTITIOUS NAME IF USED:
ADDRESS:
TELEPHONE NUMBER: (Daytime)
FAX NUMBER:
E-MAIL ADDRESS:
YEAR LEGALLY ESTABLISHED
FEDERAL I.D. #/E.I.N. #:
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
8
SUMMARIZE ORGANIZATION HISTORY
INDICATE FOR PROFIT OR NOT FOR PROFIT STATUS:
HAS THIS EVENT BEEN PRODUCED IN THE PAST AND WHEN?
DID THE SAME ORGANIZATION PRODUCE IT?
B. CONTACT PERSON:
ADDRESS:
TELEPHONE NUMBER: (Daytime)
FAX NUMBER:
E-MAIL ADDRESS:
C. List name of President and other individuals authorized to execute contracts and
otherwise act on behalf of Applicant:
Name Title
D. List staff members including volunteers responsible for administering and organizing
this event with evidence of their qualifications and capabilities to accommodate the
demands of the event.
Name Qualifications Capabilities
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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E. List previous funding by the Monroe County Tourist Development Council, and by
any other State or Federal agencies, if any, and list applications that have not been
funded:
Source of funding Amount Requested Amount Received Year
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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EXHIBIT A
II. CRITERIA FOR EVALUATION (applications
not scoring 36 points and above will
not be considered for funding).
Points are listed at each segment for ease of
scoring by reviewers. Scoring will be as follows:
1 - unacceptable
2 - below average
3 - average 4 - above average
5 - excellent
A. TIMING OF
EVENT: (please mark the appropriate month for the District you are
seeking funding from)
Time of year of event (shoulder and off
season events to receive higher scoring). (Bocc 4/20/05)
DISTRICT I (encompasses the city
limits of Key West)
January
3
July
3
February
1
August
5
March
1
September
5
April
1
October
5
May
3
November
4
June
4
December
4
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DISTRICT II (from
the city limits of Key West to the west end of the Seven Mile Bridge)
January
2
July
3
February
1
August
5
March
1
September
5
April
1
October
5
May
3
November
4
June
3
December
3
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DISTRICT III
(from the west end of the Seven Mile Bridge to the Long
Key Bridge)
January
3
July
3
February
1
August
5
March
1
September
5
April
1
October
5
May
3
November
4
June
3
December
3
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DISTRICT IV
(between the Long Key
Bridge and Mile Marker 90.939)
January
3
July
3
February
1
August
5
March
1
September
5
April
1
October
5
May
3
November
4
June
3
December
4
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DISTRICT V
(from Mile Marker 90.940 to the Dade/Monroe County line and any mainland
portions of Monroe County)
January
2
July
3
February
1
August
5
March
1
September
5
April
1
October
5
May
3
November
4
June
3
December
3 12345
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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EXHIBIT B
B. COMMITMENT TO THE EXPANSION OF OFF SEASON TOURISM IN MONROE
COUNTY: (Outline goals and objectives and describe in detail the proposed
event)
fiIWICIE, V
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
12
EXHIBIT C
C. SOUNDNESS OF PROPOSED PROJECT:
1) Submit detailed marketing plan to include all aspects of the proposed event with
estimated number of people to be reached through electronic media (e.g.
broadcast of event over radio or television including source of information. - TDC
funding may only be utilized as follows: Destination events may utilize up to 10%
of their approved budget for in -County hard media (to include production of
brochures/flyers and associated costs) and public relations. Out -of -County
advertising and public relations are to be established through the agencies of
record so noted on page 4. No other items will be allowable.
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Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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EXHIBIT D
III. FINANCIAL INFORMATION:
A. REVENUE BUDGET
1) List projected cash revenue specifically associated with your program,
project or event and also attach your organization/s total annual budget to
EXHIBIT D.
CASH REVENUE
Admissions (if applicable)
Contracted Services Revenue
Corporate Contributions
Foundation Grants
Private/Individual Contributions
Other Private Support
Government Support:
Federal $
State $
Local $
other than this request for funds
Other Revenue (Itemize):
Applicant cash on hand
TOTAL APPLICANT CASH REVENUE............................................................. $
GRANT AMOUNT REQUESTED......................................................................... $
TOTAL CASH REVENUES.................................................................................. $
PLEASE NOTE:
1. Attach financial statement, compilation, review or audit of organization's total budget
and financial statement for the last fiscal year to this exhibit. Organization's agent,
by executing this application assures that the information contained in such
documents are stated factually and accurately to the best of his/her knowledge.
2. Attach organization's budget and income/expense report for the last event (if
applicable)
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Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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EXHIBIT E
2) COMMITMENTS FOR CONTRIBUTION:
List all contributors (HARD DOLLARS) supporting the proposed event and the
amounts committed by those contributions.
Contributor Amount
SUB -TOTAL VALUE OF CONTRIBUTORS $
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3) List all in -kind contributions: (including complimentary rooms, functions, services)
Contributor Type Value
SUB -TOTAL VALUE OF IN -KIND SERVICES $
TOTAL VALUE OF CONTRIBUTION $
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FURNISH LETTERS OF COMMITMENT FROM CONTRIBUTORS AND SPONSORS FOR
BOTH HARD DOLLAR AND IN KIND SERVICES.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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EXHIBIT F
IV. EXPENDITURE BUDGET:
A. List cash expenses
specifically associated
with your program, project or event.
Asterisk (*) those line items for which TDC dollars would be utilized and break out to the side,
in the column indicated, the portion of TDC funds intended
to be earmarked for particular
expenditures.
COLUMN 1
COLUMN 2
Portion of TDC funds request
Cash Expenses
intended to be allocated
Administrative Expenses
Personnel - in house
$
$ non permissible expenditure
Personnel - contracted
$
$ non permissible expenditure
$
$ non permissible expenditure
$
$ non permissible expenditure
Technical/Production Expenses
Personnel - in house
$
$
Personnel - contracted
$
$
Space Rental
Travel
Marketing & Promotion
Advertising
$
$
Design & Printing
$
$
Postage & Mailing
$
$
Other (specify)
Remaining Project Expenses
(Itemize)
TOTAL TDC FUNDS REQUESTED ...............................
$
TOTAL CASH EXPENSES .............
$
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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B. Specifically state how you plan to spend the TDC funds requested as listed in
expenditure budget, column 2, listing names and quantity (e.g. advertising space
in local or national newspapers, magazines, brochures, etc.). Destination
Events: Remember -- do not deviate 10% on each line item from this budget.
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V. QUALITY AND UNIQUENESS OF PROPOSED EVENT:
A. Extent to which the activity is unique to Monroe County and/or District and
provides tourist appeal and promotes and showcases the destination.
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Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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Number of people anticipated to attend the event:
Monroe County Residents
Out of County, Florida
Out of State
Foreign
TOTAL
Participants
Spectators
12345
C
How was the anticipated number of persons attending determined?
i IWICIE, I&I
VI. VALUE OF NATIONAL MEDIA EXPOSURE OR NEW EVENT:
A. Submit a detailed history of national and/or international media exposure of last
event, and as a part of its entire package bringing guaranteed television, radio
and newspaper advertising including estimated reach and source of information.
(LABEL AS EXHIBIT "G")DO NOT INCLUDE PAID ADVERTISING.
12345
OR
B. In lieu of evidence of past promotional exposure, the anticipated value of the new
event to tourism shall be considered included estimated number of people who
will be reached and source of information. (LABEL AS ATTACHMENT "G")
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Criteria for Evaluation:
Scoring will be considered under the following criteria:
1 - unacceptable 2 - below average 3 - average 4 - above average 5 - excellent
Upon evaluation of events, the total scores will be tabulated and applications not
scoring 36 points or above will not be considered for funding. Those events that meet
the minimum scoring requirements noted above will be ranked starting with the highest
score. In the case of a tie, the highest score in the Commitment to the Off Season will
be the determining factor.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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VII. ACTION PLAN: PARKING/ROAD CLOSURES/SECURITY/TRASH:
A. Submit a detailed action plan including appropriate permit(s) if applicable as to
how parking/security/road closures and trash will be handled during your event. The plan
should include information as follows:
1. If your event will require road closures, enclose a copy of the approval by the
appropriate County/municipal entity.
2. Describe how your marketing plan will accommodate parking and transportation
as it relates to your event:
3. How will your event staff and organization handle security?
4. How will your organization handle trash removal?
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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►vIIP
NON -COLLUSION AFFIDAVIT
and
VERIFICATION
I, , of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1) I am , the proposer
proposal for the project described as follows
making the
2) The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other proposer or with any competitor:
3) Unless otherwise required by law, the prices which have been quoted in this
proposal have not been knowingly disclosed by the proposer and will not knowingly be
disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer
or to any competitor; and
4) No attempt has been made or will be made by the proposer to induce any other
person, partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition;
5) The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
VERIFICATION
I HEREBY CERTIFY that I have read the forgoing application and that the facts stated herein
are true and correct to the best of my knowledge and belief.
President's Name Typed President's Signature
Sworn to and subscribed before me this day of
personally appeared , , and
, 20_
known to be the persons named in and who executed the foregoing document.
My commission expires:
Notary Public
State of
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
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DRUG FREE WORKPLACE FORM
The undersigned proposer in accordance with Section 287.087 Florida Statutes hereby
certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Proposer's Signature
Date
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
21
IX. REQUIRED ATTACHMENTS:
1) Organization's total budget and financial statement, compilation, review or
audit for the last completed fiscal year. (Section III Exhibit D.)
2) Organization's budget and income/expense report for the last event.
(Section IV Exhibit F.)
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
22
CRITERIA FOR EVALUATION
SUMMARY SHEET
(Applications not scoring 36 points and above will not be considered for funding)
SCORE
I. A. TIME OF EVENT (EXHIBIT A)
B. COMMITMENT TO THE EXPANSION OF OFF SEASON TOURISM
IN MONROE COUNTY (EXHIBIT B)
C. SOUNDNESS OF PROPOSED PROJECT
a. Detailed marketing plan (EXHIBIT C)
II. FINANCIAL INFORMATION
A. REVENUE BUDGET
1) (EXHIBIT D)
2) List of contributors (EXHIBIT E)
3) List of in -kind contributors (EXHIBIT E)
III. EXPENDITURE BUDGET
1) List cash expense (EXHIBIT F)
2) State how the organization plans to spend TDC funds
(EXHIBIT F)
IV. QUALITY AND UNIQUENESS OF PROPOSED EVENT:
a) Extent to which the activity is unique to Monroe County/or District
b) Number of tourists anticipated to attend event
c) How the anticipated number of persons was determined
V. VALUE OF NATIONAL MEDIA EXPOSURE OR NEW EVENT
a) detailed history of media exposure for last event A.
OR
b) Anticipate value of new event to tourism & source of information
B.
TOTAL SCORE
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
23
(SAMPLE)
Destination Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of , 20_
by and between MONROE COUNTY, a political subdivision of the State of Florida (County)
and , a (insert for profit/not for profit) entity organized
and operating under the laws of the state of (Sponsor).
WITNESSETH:
In consideration of the mutual covenants contained herein, the parties agree as follows-
1 . The County agrees to pay up to $ ( Dollars) for
(Name and date of event) 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 advertising and promotion.
2. Scope of Services: Sponsor agrees to provide the County with an event as
specified below:
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 County. The agencies of record shall receive payment for work in progress
upon submission of documented invoices associated with the event.
4. Payment: Any payments directly to Sponsor 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 County'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 County. Only acceptable expenses listed in
the Monroe County Tourist Development Council Operations Manual shall be paid.
5. Accounting: Financial records of the Sponsor pertaining to this project shall be
kept according to generally recognized accounting principles and shall be available to the
County or to an authorized representative for audit.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
24
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 County
approval of the particular change.
7. Breach and Penalties: The parties agree to full performance of the covenants
contained in this agreement, and the County 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
Sponsor.
8. Termination: This Agreement will be terminated on September 30, 20_. All
invoices must be submitted prior to , 20_.
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 County any amounts already paid to them under this agreement, and
relieve the County from any further payments.
Sponsor 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: Sponsor 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 County or its agents.
11. Insurance Requirements: As a pre -requisite of the Special Event governed by
this agreement, Sponsor shall obtain, at its own expense, insurance as specified in this
section.
Sponsor 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. Sponsor 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. Sponsor
shall provide, to the County, as satisfactory evidence of the required insurance, either:
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
25
Original 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 County 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 Sponsor's insurance shall not be construed as relieving
Sponsor 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.
Sponsor 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, Sponsor 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
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
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
26
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: Sponsor will secure all required permits, licenses including but not
limited to occupational licenses.
13. Taxes: The County and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
14. Finance Charges: The County and TDC shall not be responsible for any finance
charges.
15. Relation of County/TDC: It is the intent of the parties hereto that Sponsor shall
be legally considered as an independent Event Sponsor and that neither Sponsor nor its
employees shall, under any circumstances, be considered employees, servants or agents of
the County and TDC and the County 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: Sponsor shall be required to list any or all potential conflicts or
interest, as defined by Chapter 112, Florida Statutes, and Monroe County Code. Sponsor
shall disclose to the County 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 County and TDC.
17. Assignment: Sponsor 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
County.
18. Compliance with laws - Nondiscrimination: Sponsor 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: Sponsor 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
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
27
governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or
materials or supplies, or technical failure where Sponsor has exercised reasonable care in the
prevention or mitigation of damages and delay, any such delay or failure shall not constitute a
breach of the Agreement. Upon demand of TDC or County, Sponsor must furnish evidence of
the causes of such delay or failure. County 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. Governing LawNenue: This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of the agreement, the County and
Sponsor agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
21. Security Protection: Sponsor 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 County and TDC shall be the property of the County and TDC, for whatever
use and/or disposition the County and TDC may deem appropriate.
23. 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 County and TDC under this agreement.
24. Logo: All promotional literature and display advertising with the exception
of generic advertising must display the "Florida Keys & Key West Come As You Are"
logo/trademark Sponsor. This logo/trademark was adopted by the TDC and County in
December 2006.
In -County Logo: The logo that includes the "Monroe County Tourist Development Council'
designation is to be utilized in all approved in -County print newspaper ads, magazine ads,
street banners, posters and other approved signage efforts. Radio commercials should
include "Brought to you by The Monroe County Tourist Development Council'. To seek
approval, clarification and/or logo in electronic format (eps or jpg file), contact Emerson Fales
or John Underwood with Tinsley Advertising at 305-856-6060.
Out of County Logo: The out of County logo does NOT include the "Monroe County Tourist
Development Council' designation and is to be utilized in all other efforts including any
approved out -of -County print newspaper ads, magazine ads, television commercials, internet
advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
28
pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets,
trophies and koozie cups. Radio commercials should include "Brought to you by The Monroe
County Tourist Development Council". To seek approval, clarification and/or logo in electronic
format (eps orjpg file), contact Emerson Fales or John Underwood at Tinsley Advertising at
305-856-6060.
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 execute the agreement for the Sponsor and c)
this Agreement has been approved by the Sponsor's Board of Directors.
27. Ethics Clause: Sponsor warrants that it has not employed, retained or other wise
had act on its behalf, any former County office 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 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 proposal on
a contract to provide any goods or services to a public entity, may not submit a proposal on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit proposals 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, Florida Statutes, for CATEGORY TWO for period of 36
months from the date of being placed on the convicted vendor list."
29. Notice: Any notice required or permitted under this agreement shall be in writing
and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following:
For Grantee:
For Grantor: Lynda Stuart
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
29
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Cynthia Hall, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
30. Entire Agreement: The parties agree that the Agreement above constitutes the
entire agreement between the County and Sponsor. Except as provided in Paragraph 6 of this
Agreement, this Agreement can never be amended, except in a writing signed by both parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
(1)
Print Name:
Date:
Board of County Commissioners
of Monroe County
Mayor/Chairman
Name of Organization
By
President
Print Name
Date:
(2)
Print Name:
Date:
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
30
In -County Logo
The
Florida Keys
& Key�est
0 0 0 .come as you aye
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County Logo
The
Florida Keys
& Key est
come as you aye
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
31
EXHIBIT "A"
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
DESTINATION EVENT BUDGET
BUDGET BREAKDOWN
Line items listed below must be approved by the appropriate agency of record
EVENT NAME:
MEDIA PLACEMENT & PRODUCTION COSTS:
newspaper, radio, magazines, TV, webs ite/i nternet advertising only $
PROMOTIONAL SIGNS: posters/banners $
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets/postage & shipping $
PROGRAMS: $
PUBLIC RELATIONS: $
*GENERAL NON -ALLOCATED $
TOTAL $
*GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET AND
CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS AS APPROVED BY THE
ADVERTISING AND PUBLIC RELATIONS AGENCY OF RECORD.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED
LINE ITEMS NOTED ABOVE.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
32
(SAMPLE)
Turnkey Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of , 20_7
by and between MONROE COUNTY, a political subdivision of the state of Florida (County)
and
state of
a (form of business entity) organized under the laws of the
(Event Sponsor).
WITNESSETH:
In consideration of the mutual covenants contained herein the parties agree as follows:
1. Payment: The County agrees to pay $ ( Dollars) to Event Sponsor
from tourist development tax funds provided Event Sponsor meets all of its obligations under
this agreement.
2. Scope of Services: Event Sponsor agrees to provide the County with an event
as specified in the Scope of Services below (Event):
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and
verified by the Tourist Development Council (TDC) Administrative Office, proving that event
has been produced and promoted through marketing literature, advertising program/publication
ads, television coverage (to be aired within ninety (90) days from completion of event if
indicated in scope of services), publicity and on -site advertising, and that the required
insurance was obtained no less than twenty days prior to the event, County shall pay the sum
in Paragraph 1.
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the County.
4. Accounting: Financial records of Event Sponsor pertaining to this project shall be
kept according to generally recognized accounting principles and shall be available to the
County or to an authorized representative for audit. Records shall be retained a minimum of
three years after contract has been performed.
5. Modification: Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the County.
6. Termination: This Agreement terminates on 20_. All invoices
must be submitted prior to , 20.
7. Non Occurrence of Event: Event Sponsor 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.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
33
8. Indemnification and Hold Harmless: Event Sponsor 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
Event Sponsor.
9. Insurance Requirements: Event Sponsor, as a pre -requisite of the Special Event
governed by this agreement, shall obtain, at its own expense, insurance as specified in this
section.
Event Sponsor 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. Event Sponsor shall maintain
the required insurance through out the entire duration of the Event and any extensions
specified in any attached schedules. Failure to comply with this provision shall release County
of any obligation to compensate event sponsor. Further, any material misstatement in the
application for insurance coverage shall release County from its obligations to pay under this
agreement. Event Sponsor shall provide, to the County, as satisfactory evidence of the
required insurance, including the insurance policy application and either:
Original Certificate of Insurance
or
Certified copy of the actual insurance policy
An original certificate or a certified copy of any or all insurance policies required by this
contract shall be filed with the Clerk of the County prior to the Event. The insurance
policy must state that the Monroe County is the certificate holder and additional
Insured. Insurance documents should be mailed to:
Monroe County Board of County Commissioners
c/o Risk Management
1100 Simonton Street
Room 1-213
Key West, FL 33040
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.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
34
Acceptance and/or approval of Event Sponsor's insurance shall not be construed as
relieving Event Sponsor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials shall
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.
Event Sponsor 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, Event Sponsor shall obtain
General Liability 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:
$1,000,000.00 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 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.
If 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
that the contractor's General Liability policy.
10. Permits: Event Sponsor will secure all required permits, licenses including but
not limited to occupational licenses.
11. Laws and Regulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
35
12. Taxes: The County and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charges: The County and TDC will not be responsible for any finance
charges.
14. Relation of County/TDC: It is the intent of the parties hereto that Event Sponsor
shall be legally considered as an independent contractor and that neither it nor its employees
shall, under any circumstances, be considered servants or agents of the County and TDC,
and the County 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.
15. Disclosure: Event Sponsor shall be required to list any or all potential conflicts
or interest, as defined by Florida Statute 112 and Monroe County Code. Event Sponsor shall
disclose to the County 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 County and TDC.
16. Assignment: Event Sponsor 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 TDC and County.
17. Compliance with laws - Nondiscrimination: Event Sponsor 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.
18. Security Protection: Event Sponsor agrees to provide adequate security for the
event.
19. Ethics Clause: Event Sponsor warrants that it has not employed, retained or
other wise had act on its behalf, any former County office 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.
20. 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 County and TDC under this agreement.
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
36
21. Logo: All promotional literature and display advertising with the exception
of generic advertising must display the "Florida Keys & Key West Come As You Are"
logo/trademark (as per attached logo sample). This logo/trademark was adopted by the
TDC and County in December 2006.
In -County Logo: The logo that includes the "Monroe County Tourist Development Council"
designation is to be utilized in all approved in -County print newspaper ads, magazine ads,
street banners, posters and other approved signage efforts. Radio commercials should
include "Brought to you by The Monroe County Tourist Development Council". To seek
approval, clarification and/or logo in electronic format (eps or jpg file), contact Emerson Fales
or John Underwood with Tinsley Advertising at 305-856-6060.
Out of County Logo: The out of County logo does NOT include the "Monroe County Tourist
Development Council" designation and is to be utilized in all other efforts including any
approved out -of -County print newspaper ads, magazine ads, television commercials, internet
advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets)
and any approved promotional items including programs, T-shirts, hats, jackets, trophies and
koozie cups. Radio commercials should include "Brought to you by The Monroe County
Tourist Development Council". To seek approval, clarification and/or logo in electronic format
(eps orjpg file), contact Emerson Fales or John Underwood at Tinsley Advertising at 305-856-
6060.
22. Severability: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, all 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.
23. Authority: Each of the signatories for the sponsor below certifies and warrants
that:
a) Event Sponsor 's name in the agreement is the full name as designated in its
corporate charter; b) the signatories are empowered to act and execute the Agreement for the
Sponsor; and c) this Agreement has been approved by the Event Sponsor's Board of
Directors.
24. 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 proposal on
a contract to provide any goods or services to a public entity, may not submit a proposal on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit proposals 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, Florida Statutes, for CATEGORY TWO for a period of 36
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
37
months from the date of being placed on the convicted vendor list". By execution of this
Agreement, Sponsor warrants that it is in compliance with this requirement.
25. Governing LawNenue: This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of the agreement, the County and
Sponsor agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
26. Notice: Any notice required or permitted under this agreement shall be in writing
and had delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following:
For Grantee:
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102, Key West, FL 33040
And
Cynthia Hall, Asst. County Attorney
P.O. Box 1026, Key West, FL 33041-1026
27. Entire Agreement: The parties agree that the Agreement above constitutes the
entire agreement between the County and Event Sponsor, Except as provided in Paragraph 7
of this Agreement, this Agreement can never be amended, except in a writing signed by both
parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year
first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
(1)
Print Name:
Date:
Board of County Commissioners
of Monroe County
Mayor/Chairman
Name of Organization
By
President
Print Name
Date:
(2)
Print Name:
Date:
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
38
In -County Logo
The
Florida Keys
& Key�est
0 0 0 .come as you aye
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County Logo
The
Florida Keys
& Key est
come as you aye
Monroe County Tourist Development Destination/TurnKey Event Application FY 2010
39