FY2000 01/20/2000
Dann!, 1.. l{oIbagt
BRANCH OFFICE
3117 OVERSEAS ffiGHWAY
MARATHON, FLORID.4~ 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DA TE:
February I, 2000
TO:
Lynda Stuart, Office Manager
Tourist Development Council
Pamela G. Hancoclt
Deputy Clerk U
FROM:
At the January 20, 2000, Board of County Commissioner's Meeting the Board approved
and authorized execution of a Turn Key Funding Agreement between Monroe County and
Exclusive Sports Marketing covering Publix Family Fitness Weekend on September 16-17,2000,
in an amount not to exceed $6,000, FY 2000, Third Penny, DAC V allocation.
Attached are two duplicate originals of the above Agreement for your handling. Should
you have any questions, please do not hesitate to contact this office.
Cc: County Administrator w/o documents
County Attorney
Fina:nce, %Kim Hanna
Risk Management
File
Turn Key Events Agreement
THIS AGREEMENT is entered into this ZtJ.;I day of ~, 2000, by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(BOCC) and Exclusive Sports Marketing.
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as follows:
1. The BOCC agrees to pay ($6,000.00) Six Thousand dollars for Publix
Family Fitness Weekend covering September 16-17, 2000 from tourist development tax
funds provided Event sponsor meets all of its obligations under this agreement.
2. Scope of Services: Exclusive Sports Marketing agrees to provide
Monroe County with an event that includes the following Scope of Services:
a). A 5K Run (3.1 mile run open to all athletes).
b). An Ocean Mile Swim (1 mile open water swim open to all
ath letes ).
c). A SprintKids Duathlon (Run/Bike/Run open to kids ages 5-12 years old).
d). A Triathlon (Swim/Bike/Run open to athletes and teams 9 years and
above).
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, publicity and on-site advertising, and that
the required insurance was obtained no less than twenty days prior to the event, BOCC
shall pay $E>,OOO.OO.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accounting: Financial records of Exclusive Sports Marketing pertaining
to this project shall be l<ept on generally recognized accounting principles and shall be
available to the BOCC 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 BOCC.
6. Breach and Penalties: The parties agree to fu""'P~.~!08fldW
covenants contained in this agreement, and the BOCC reser]Et'il~'Y~~W its
discretion, provided such breach is material, to terminate the se~~.this agreem~nt
t" iUl N' , - 83.:1 00
a~003~ ~O:1 0.311.:1
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for any misfeasance, malfeasance, or nonperformance of the agreement terms or
negligent performance of the agreement terms by Exclusive Sports Marketing
7. Termination: In order for event sponsor to be re-imbursed for expenditures,
the invoices must be submitted no later than Friday, September 29, 2000.
8. Non Occurrence of Event: The Exclusive Sports Marketing 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
authorizecf to cancel including title and stated affiliation.
9. Indemnification and Hold Harmless: Exclusive Sports Marketing 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 Exclusive Sports Marketing
10. Insurance Requirements: Exclusive Sports Marketing, as a pre-requisite
of the Special Event governed by this agreement, shall obtain, at its own expense,
insurance c3S specified in this section:
Exclusive Sports Marketing will not be permitted to commence work associated
with the Event (including pre-staging of personnel and materiel) until satisfactory
evidence of the required insurance has been furnished to the county as specified
below. Exclusive Sports Marketing shall maintain the required insurance through out
the entire duration of the Special 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. Exclusive Sports Marketing 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 BOCC prior to the Event. The
Insurance policy must state that the Monroe County BOCC is the Certificate
Holder and additional Insured. Insurance should be mailed to:
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Monroe County Board of County Commissioners'
C/O Risk Management
5100 College Road
Room 203
Stock Island
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.
Acceptance and/or approval of Exclusive Sports Marketing's insurance shall not
be construed as relieving Exclusive Sports Marketing 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, except for Worker's
compensation.
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.
Exclusive Sports Marketing 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, Exclusive Sports
Marketing 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 rninimum limits acceptable shall be:
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
* $500,00.00 per Person
* $1,000,000.00 per Occurrence
* $100,000.00 Property Damage
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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.
11. Permits: The Exclusive Sports Marketing will secure all required permits,
licenses including but not limited to occupational licenses.
12. Laws and Regulations: Any and all services, materials and equipment
shall comply fully with all Local, State and Federal laws and regulations, and Exclusive
Sports Marketing agrees that the venue for any dispute concerning this agreement shall
be in Monroe County, Florida.
13. Taxes: The SOCC and TDC are exempt from Federal Excise and State
of Florida ~)ales Tax.
14. Finance Charges: The SOCC and TDC will not be responsible for any
finance chalrges.
15. Relation of SOCCfTDC: It is the intent of the parties hereto that the
Exclusive Sports Marketing 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 SOCC and TDC, and the SOCC and TDC shall at no time be
legally responsible for any negligence on the part of said Event Sponsor, its employees
or agents, resulting in either bodily or personal injury or property damage to any
individual, 1irm, or corporation.
16. Disclosure: The Exclusive Sports Marketing shall be required to list any
or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe
County Code. The Exclusive Sports Marketing shall disclose to the SOCC and TDC all
actual or proposed conflicts of interest, financial or otherwise, direct or indirect,
involving any client's interest which may conflict with the interest of the SOCC and TDC.
17. Assignment: The Exclusive Sports Marketing 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 SOCC.
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18. Compliance with laws - Nondiscrimination: The Exclusive Sports
Marketing, 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. Security Protection: The Exclusive Sports Marketing agrees to provide
adequate security for the event. No TOC funds will be used for this purpose.
20. Ethics Clause: Exclusive Sports Marketing warrants that it has not
employed, retained or otherwise had act on its behalf any former county officer of
employee subject to the prohibition of Section 2 of Ordinance No 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For
breach or violation of this provision the County may, in its discretion, terminate this
contract without liability and may also, in its discretion, deduct from the contract or
purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former county officer or employee.
21. Ownership: All advertising and promotion work performed under the
agreement and paid for by the SOCC and TOC shall be the property of the SOCC and
TOC, for whatever use and/or disposition the SOCC and TOC may deem appropriate.
22. Media rights: The TOC 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 SOCC and TOC
under this agreement.
23. Logo: All promotional literature and display advertising with the exception
of generic advertising must display the Florida Keys and Key West logo/trade mark (as
per enclosecl).
24. 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.
25. Authority: Each of the signatories for the sponsor below certifies and
warrants that:
a) The sponsor's name in the agreement is the full name as designated in its
corporate charter, and b) they are empowered to act and execute agreement for the
sponsors and c) this agreement has been approved by the sponsor's Soard of
Directors.
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26. Public Entity Crimes: "A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list".
27. Entire Agreement: The parties agree that the Agreement above
constitutes the entire agreement between the SOCC and Exclusive Sports Marketing
IN WITNESS WHEREOF, the parties hereto have exec h' agreement the
day and YE~ar first above written.
(SEAL)
Attest: r--
_ )-.l
By
Mayo~!Chatqn n
'+
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