Item D2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JANUARY 17, 2006
Bulk Item: Yes No
Division: TDC
Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval to advertise a Request for Proposals for FY 2008 Destination/Turnkey event applications.
ITEM BACKGROUND:
TDC approved same at their meeting of December 12, 2006
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management N/A
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 11/06
AGENDA ITEM #
EVENT FUNDING APPLICATION
REQUEST FOR PROPOSAL
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Mr. Matthew P. Babich
Mayor Mario Di Gennaro
Mr. Todd Firm
Ms. June Helbling
Mayor Morgan McPherson
Mr. Robert Padron
Mr. Scott Simmons
Ms. Christina Weinhofer
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 17, 2007.
Purchasing
Monroe County, Florida
1100 Simonton Street, 1st Floor, Room 213
Key West, Florida 33040
Attention: DESTINATION/TURN KEY EVENT APPLICATION
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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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
Criteria for Evaluation 23
Sample Funding Agreement (Destination & Turnkey) 24-39
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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NOTICE OF CALLING FOR PROPOSALS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on July 17, 2007, no
later than 5:00 p.m. The Monroe County Purchasing Office will receive sealed proposals for
the following:
Request for Proposal — Destination/Turnkey Event Funding for events taking place between
January 1, 2008 through December 31, 2008
Specifications and Proposal Documents may be requested from DemandStar by Onvia
by calling 1-800-711-1712 or by going to the website at www.demandstar.com Questions
regarding the Proposal should be directed 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.
All proposals must be received by the Monroe County Purchasing Office on or before 5:00 p.m
on July 17, 2007. No proposals will be accepted after that time. The time shall be as
determined by the Monroe County Purchasing office.
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 and delivered
to:
Purchasing Office, 1100 Simonton Street, Room 1-213, Key West, Florida 33040
All proposals must remain valid for a period of ninety (90) days. The Board will automatically
reject the proposal of any person or affiliate who appears on the convicted vendor list prepared
by the Department of General Services, State of Florida, under Section 287.133(3)(d), F.S.
(1997).
Contract award will be by the Monroe County Board of County Commissioners to those
proposers whose Proposals are/is deemed by the COUNTY, upon recommendation of the
Monroe County Tourist Development Council, to be in the best interest of Monroe County.
Dated at Key West, Florida, this day of , 2007
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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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
Workshop for Event Applicants
Application Deadline
DAC Review/Evaluation of Applications
TDC Review/Evaluation of Applications
BOCC Approval
May 1, 2007
May 22/23, 2007
July 17, 2007
August 21/22, 2007
September 7, 2007
AFTER OCTOBER 2007
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/o5)
For the purposes of this solicitation, a destination event is developed and produced to entertain
the public and which 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 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:
ADVERTISING
Mr. John Underwood
Tinsley Advertising
2660 Brickell Avenue
Miami, Florida 33129
(305-856-6060)
PUBLIC RELATIONS
Mr. Andy Newman
Stuart Newman Associates
2140 South Dixie Highway, Suite 203
Miami, Florida 33133
(305-461-3300)
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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b) Turn Key Events - (national marketing exposure) (aocc 2/16/05)
For purposes of this solicitation, a Turn Key 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) 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 Monroe County Tourist Development Council
agencies of record would only be provided at the request of the Monroe County Tourist
Development Council and/or the District Advisory Committee 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 Turn Key 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 Calling
for Proposals.
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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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 Calling 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/Turn Key Event Funding."
By signing of 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/TumKey Event Application FY 2008
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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, 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/TumKey Event Application FY 2008
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Monroe County Tourist Development Council
Application of Destination/Turnkey Event Funding
January 1, 2008 through December 31, 2008
Please submit two (2) originals and, for each separate District indicated (see below), submit
twelve (12) copies 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 TURN KEY EVENT
INDICATE THE DISTRICT(S) FROM WHICH YOU ARE REQUESTING FUNDS and THE DOLLAR
AMOUNT
$ 0.00 District I (encompasses the city limits of Key West)
$ 0.00 District 11 (from city limits of Key West to the west end of the Seven Mile Bridge)
$ 0.00 District III (from the west end of the Seven Mile Bridge to the Long Key Bridge)
$ 0.00 District IV (between the Long Key Bridge and Mile marker 90.939)
$ 0.00 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. #:
$0.00
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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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/TumKey Event Application FY 2008
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E. List previous funding from 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/TumKey Event Application FY 2008
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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
12345
DISTRICT 11 (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
2345
DISTRICT III (from the west end of the Seven Mile Bridae to the Lona Kev Bridae
January
3
July
3
February
1
August
5
March
1
September
5
April
1
October
5
May
3
November
4
June
3
December
3
12345
DISTRICT IV (between the Lona Kev Bridae 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
12345
DISTRICT V (from Mile marker 90.940 to the Dade/Monroe County line and anv 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/TumKey Event Application FY 2008
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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)
12345
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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EXHIBIT C
C. SOUNDNESS OF PROPOSED PROJECT:
1) Submit detailed marketing plan to include all aspects of the proposed event with
estimated number 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.
12345
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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EXHIBIT D
III. FINANCIAL INFORMATION:
A. REVENUE BUDGET
1) List cash income 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:
Federa
State
Local
other than this request for funds
Other Revenue (Itemize):
Applicant cash on hand
TOTAL APPLICANT CASH REVENUE $ 0.00
.............................................................
GRANT AMOUNT REQUESTED......................................................................... $
TOTAL CASH REVENUES.................................................................................. $ 0.00
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)
12345
Monroe County Tourist Development Destination TumKey Event Application FY 2008
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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 $ 0.00
12345
3) List all in -kind contributions: (including complimentary rooms, functions, services)
Contributor Type Value
SUB -TOTAL VALUE OF IN -KIND SERVICES $ 0.00
TOTAL VALUE OF CONTRIBUTION $ 0.00
12345
FURNISH LETTERS OF COMMITMENT FROM CONTRIBUTORS AND SPONSORS FOR
BOTH HARD DOLLAR AND IN KIND SERVICES.
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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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 Tourist Tax monies intended to be earmarked for
particular expenditures. NOTE: Remember to attach your organization's total annual
budget:
COLUMN 1
Cash Expenses
Administrative Expenses
Personnel - in house
Personnel - contracted
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 ...............................
COLUMN 2
Portion of TDC funds request
intended to be allocated
$ non
permissible expenditure
$ non
permissible expenditure
$ non
permissible expenditure
$ non
permissible expenditure
TOTAL CASH EXPENSES .............
$
$
$ 0.00
$ 0.00
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
16
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.
12345
V. QUALITY AND UNIQUENESS OF PROPOSED EVENT:
A. Extent to which the activity is unique to Monroe County and/or District and
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12345
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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B. Number of people anticipated to attend the event:
Participants Spectators
Monroe County Residents
Out of County, Florida
Out of State
Foreign
TOTAL 0 0
12345
C. How was the anticipated number of persons attending determined?
12345
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
evert to tourism shall be considered included estimated number of be reached
and source of information. (LABEL AS ATTACHMENT "G")
12345
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 as 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/TumKey Event Application FY 2008
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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
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How will your event staff and organization handle secu
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Monroe County Tourist Development Destination TumKey Event Application FY 2008
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VIII.
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) 1 am , the proposer making the
proposal for the project described as follows:
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
Sworn to and subscribed before me this
President's Signature
day of , 20_
personally appeared , , and
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/TumKey Event Application FY 2008
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DRUG FREE WORKPLACE FORM
The undersigned proposer in accordance with Florida Statute 287.087 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/TumKey Event Application FY 2008
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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/TumKey Event Application FY 2008
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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
A
TOTAL SCORE
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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 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: The (insert name of event sponsor) 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 the (insert name of event 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. Accountinq: 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/TumKey Event Application FY 2008
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
the (insert name of event 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.
The (insert name of 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.
10. Indemnification and Hold Harmless: The (insert name of event 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: (insert name of 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.
(insert name of 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. (insert name of
event 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. (insert name of event sponsor) shall provide, to the
County, as satisfactory evidence of the required insurance, either:
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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 (insert name of event sponsor)`s insurance shall not
be construed as relieving (insert name of 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 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.
(insert name of 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, (insert name of event
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/TumKey Event Application FY 2008
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: The (insert name of event 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 the (insert
name of event sponsor) shall be legally considered as an independent Event Sponsor and
that neither it 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: The (insert name of event sponsor) shall be required to list any
or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County
Code. The (insert name of 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.
17. Assignment: The (insert name of 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 COUNTY.
18. Compliance with laws - Nondiscrimination: The (insert name of 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.
19. Force Maieure: The (insert name of event 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 governmental authority, jurisdictional action, or insufficient supply
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
27
of fuel, electricity, or materials or supplies, or technical failure where the (insert name of
event 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, the (insert name of event 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 Law/Venue: 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: The (insert name of event 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/trade mark (as per attached logo sample). This logo/trade mark 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
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
28
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.
that:
26. Authority: Each of the signatories for the sponsor below certifies and warrants
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: The (insert name of 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.
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, 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 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
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
29
And
Susan Grimsley, 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 (insert name of event sponsor).
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
Organization
By
President
Print Name
Date:
(2)
Print Name:
Date:
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
30
In -County Logo
The
Florida Keys
&Key �Iest 0
* 0 * 0 *come as you are
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County Logo
The
Florida Keys
&Key��IedS stdree
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
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, website/internet 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/TumKey Event Application FY 2008
32
(SAMPLE)
Turn Key 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 organized under the laws of
the state of
(Event Sponsor).
WITNESSETH:
In consideration of the mutual covenants contained herein the parties agree as follows:
1. Payment: The COUNTY agrees to pay $ ( Dollars) for: (Name
and date of event) from tourist development tax funds provided Event Sponsor meets all of its
obligations under this agreement.
2. Scope of Services: The (insert name of 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),
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 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: The (insert name of 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)
Monroe County Tourist Development Destination/TurnKey Event Application FY 2008
33
documentation of the reason for cancellation and 3) person authorized to cancel including title
and stated affiliation.
8. Indemnification and Hold Harmless: (insert name of 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
(insert name of event sponsor)
9. Insurance Requirements: (insert name of 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.
(insert name of 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. (insert name of
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 it's
obligations to pay under this agreement. (insert name of 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 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/TumKey Event Application FY 2008
34
Acceptance and/or approval of (insert name of event sponsor) insurance shall not be
construed as relieving (insert name of 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.
(insert name of 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, (insert name of 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.
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
that the contractor's General Liability policy.
10. Permits: The (insert name of 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/TumKey Event Application FY 2008
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 the (insert
name of 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: The (insert name of event sponsor) shall be required to list any or
all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code.
The (insert name of 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: The (insert name of 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: The (insert name of 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: The (insert name of event sponsor) agrees to provide
adequate security for the event.
19. Ethics Clause: The (insert name of 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/TumKey Event Application FY 2008
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/trade mark (as per attached logo sample). This logo/trade mark 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) 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.
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, for CATEGORY TWO for a period of 36 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.
Monroe County Tourist Development Destination/TumKey Event Application FY 2008
37
25. Governinq 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
Susan Grimsley, 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 (insert name of event sponsor)
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:
Board of County Commissioners
of Monroe County
Mayor/Chairman
Organization
By
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Monroe County Tourist Development Destination/TumKey Event Application FY 2008
38
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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Monroe County Tourist Development Destination TumKey Event Application FY 2008
39