FY1994 10/20/1993 NATIONAL MAJOR EVENT CONTRACT WITH
EXCLUSIVE SPORTS MARKETING, INC.
THIS AGREEMENT is entered into this ( ?0) day of kid, 1993, by
and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY,
FLORIDA, (BOCC) and Exclusive Sports Marketing, Inc.
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as follows:
1. The BOCC agrees to pay up to forty -five thousand ($45,000) dollars for
the Family Fitness Weekend October 8 -9, 1994, in Key West from tourist development
tax funds.
2. Scope of Services: Exclusive Sports Marketing, Inc. agrees to
the County with a two (2) day event as specified in the Scope of ry ces `t
incorporated by reference (see Exhibit A). ) 6
3. Payment: Upon submission of documentation WO revielk. and
verification by the Tourist Development Council Administrative Cly for vent -,
promotion, which includes marketing literature, advertising program /Oblication ads,72
television coverage, publicity and on -site advertising, payment of $4,040.00 shall
be made upon completion of event. Payment is specifically contingent upon
availability of TDC funds.
4. Accounting: Financial records of Exclusive Sports Marketing, Inc.
pertaining to this project shall be kept on generally recognized accounting principles
and shall be available to the BOCC or to an authorized representative for audit.
5. Modification: Additions to, modifications to, or deletions from the Scope
of Services set forth in 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 full performance of the
covenants contained in this contract, and the BOCC reserves the right at its
discretion, provided such breach is material to terminate the services in this contract
for any misfeasance, malfeasance, or non - performance of the contract terms or
negligent performance of the contract terms by Exclusive Sports Marketing, Inc..
7. Termination: 120 days after the date of the event, the contract will be
terminated. All invoices must be submitted within the 120 day period.
8. Non Occurrence of Event: If the event does not take place, for
any reason under control of Exclusive Sports Marketing, Inc. except for those reasons
in paragraph 21, then Exclusive Sports Marketing, Inc. agrees to refund to the BOCC
1
any amounts already paid to them or its contractual agencies, and relieve the BOCC
from any further payments. 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)
substantiation of the reason for cancellation and 3) person authorized to cancel
including title and stated affiliation.
9. Risk of Loss: Exclusive Sports Marketing, Inc. agrees to relieve Monroe
County of all risks for Toss or damage during the event not caused by BOCC or its
agents.
10. Indemnification and Hold Harmless: Exclusive Sports Marketing, Inc.,
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,
Inc.
11. Insurance Requirements: Exclusive Sports Marketing, Inc., as a pre-
requisite of the Special Event governed by this agreement, shall obtain, at his /her
own expense, insurance as specified in the attached schedules.
Exclusive Sports Marketing, Inc. 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. Exclusive Sports Marketing, Inc. 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. Exclusive Sports Marketing, Inc. shall provide, to the County,
as satisfactory evidence of the required insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this contract.
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.
2
Acceptance and /or approval of Exclusive Sports Marketing, Inc.'s insurance
shall not be construed as relieving Exclusive Sports Marketing, Inc. 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 Workers'
Compensation.
Any deviations from these General Insurance Requirements must be requested
in writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
Exclusive Sports Marketing, Inc. 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, Inc. 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 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000.000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the
effective date of this contract. In addition, the period for which claims may be reported
should extend for a minimum of twelve (12) months following the acceptance of work
by the County.
Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirement.
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.
3
A separate Liquor Liability policy is acceptable if the coverage is no more
restrictive than the Contractor's General Liability policy.
The Monroe County Board of County Commissioners will be included as
Additional Insured if a separate Liquor Liability policy is provided.
12. Permits: Exclusive Sports Marketing, Inc. will secure all required
permits, licenses including but not limited to occupational licenses.
13. Laws and Regulations: It shall be understood and agreed that any and
all services, materials and equipment shall comply full with all Local, State and
Federal laws and regulations.
14. Taxes: The BOCC and TDC is exempt from Federal Excise and State of
Florida Sales Tax.
15. Finance Charges: The BOCC and TDC will not be responsible for any
finance charges.
16. Relation of BOCC/TDC: It is the intent of the parties hereto that
Exclusive Sports Marketing, Inc. shall be legally considered as an independent
contractor and that neither it nor its employees shall. under any circumstances. be
considered servants or aaents of the BOCC and TDC and the BOCC and TDC shall at
no time be leaally responsible for any neaiiaence on the Dart of said successfui
proposer. its employees or aaents. resultina in either bodily or personal iniury or
Property damaae to any individual. firm. or corporation.
17. Disclosure: Exclusive Sports Marketing, Inc. shall be required to list
any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe
County Code. Exclusive Sports Marketing, Inc., shall disclose to the BOCC and TDC
all actual or proposed conflicts of interest, financial or otherwise, direct or indirect,
involvina any client's interest which may conflict with the interest of the BOCC and
TDC.
18. Assignment: Exclusive Sports Marketing, Inc., shall not assign, transfer,
convey, sublet or otherwise dispose of this proposal, or of any or all of its right, title or
interest therein, or his or its power to execute such contract to any person, company
or corporation without prior written consent of the BOCC and TDC.
19. Compliance with laws - Nondiscrimination: Exclusive Sports Marketing,
Inc., 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.
4
20. Force Majeure: Exclusive Sports Marketing, Inc., shall not be liable
for delay in performance or failure to perform in whole or in part, the services due to
the occurrence of any contingency beyond its control or the control of any of its
subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act
of war whether an actual declaration thereof if made or not, insurrection, sabotage,
riot or civil commotion, act of public enemy, epidemic, quarantine restriction,
accident, fire, explosion, storm, flood, drought or other act of God, act of any
governmental authority, jurisdictional action, or insufficient supply of fuel, electricity,
or materials or supplies, or technical failure where Exclusive Sports Marketing, Inc.,
has exercised reasonable care in the prevention thereof, and any such delay or
failure shall not constitute a breach of the Agreement. Upon demand of TDC,
Exclusive Sports Marketing, Inc., must furnish evidence of the causes of such delay
or failure. Exclusive Sports Marketing, Inc., shall not resume its performance
hereunder unless provided for in the Scope of Services.
21. Governing Law /Venue: This Agreement shall be governed and
construed by and in accordance with the laws of the State of Florida and constitutes
the entire agreement between the BOCC and Exclusive Sports Marketing, Inc..
22. Security Protection: The sponsor agrees to provide adequate security
for the event. No TDC funds will be used for this purpose.
23. Ethics Clause Exclusive Sports Marketing, Inc. warrants that it has not
employed, retained or otherwise had act on its behalf any former County officer or
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. 010 -1990. For
breach or violation of this provision the County may, in its discretion, termination 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.
24. Ownership: All advertising and promotion work performed under the
contract and paid for by the BOCC and TDC shall be the property of the BOCC and
TDC, for whatever use and/or disposition the BOCC and TDC may deem appropriate.
25. Media rights: The TDC shall have the exclusive 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 BOCC and TDC under this contract.
5
1
26. Logo: All promotional literature and display advertising with the
exception of generic advertising must display the Florida Keys and Key West logo (as
per enclosed sample).
27. Severability: If any provision of this Agreement shall be held by a Court
of competent jurisdiction to be invalid or unenforceable, shall not be affected thereby;
and each provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
28. 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 contract for the sponsors
and c) this agreement has been approved by the sponsor's Board of Directors.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL) Exclusive • • rt 2 : rk ding, Inc.
Attest:
v By 7 1 4
•
(SEAL)DANNY L. KOL!IAGE, Clerk Monroe ' • my Board of County Commissioners
Attes
C . 421
Clerk ayor /Chairman
Approved as to form & legal sufficiency: �!►�„ , A � %� /.
Date: ,/�t.0'J
}
6
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER R OATHS. .
1. This sworn statement is submitted to r l i o r- Z- o L C ) e01 b r - C O O Co/1141
`` _ .,t name the kubllc entity]
by � � o f ( [prin � o - of
(print individual's name and title)
f o r EKc joE, Ive._. 5Por , 5 r iA 2 - c i ij tJ C. f
[print name of entity submitting sworn statement]
whose business address is
)0 () QC`
: E
,f)oC ?i t r -LP x • 3 ( 1
and (if applicable) its Federal Employer Identification Number (FEIN) is 6/4 6 Zx33( 7
(If the entity has no FEIN, include the Social Security Number of the individual signing this
- 4
sworn statement: .)
{
2. I understand that a "public entity crime' as defined in Paragraph 287.133(1)(g), Florida Statutes. means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that 'convicted" or ' conviction' as defined in Paragraph 287.133(1)(b), flpeklaitalidag, means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate' as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public-entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term °affiliate includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
•
5. I understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term 'person' includes those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity.
6. Bas on information and belief, the statement which I have marked below is true in relation to the entity
su tting this sworn statement. [indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active In the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PR c r:a IN SECTION 237.917, FLORIDA
SIM= FOR CATEGORY TWO OF ANY CHANGE IN THE INFO ' T i C NTAINED IN THIS FORM.
•
4111CIAL) •
[signature)
- - r
Sworn to and subscribed before me this 7 , day of ,19
Personally known ,tt4Ce,tet
OR Produced identification Notary Public - State of 1-to/e/0/4-
MY i C � i�lro
RY PO A me vF rivFEUUA Ar LARCic
(Type of identification) MY COMMISS ;Ofd EXPIRES JULY 19, 1995
(Prin or sta mped
commissioned name of notary public)
•
Form PUR 7068 (Rev. 06/11/'42)
•
A
• EXHIBIT "A"
PROPOSAL TO MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
FOR: NATIONAL MAJOR EVENTS
PROPOSED EVENT: Anheuser -Busch Family Fitness Weekend Tour of Florida and /or
Bud Light Key West Sprint Triathlon World Championship
WHEN: event date.
• October 8 -9, 1994
WHAT: 5 major events under the Family Fitness Weekend "umbrella"
• Bud Light Sprintman Triathlon
- potential World Championship event
• 5K Run Event
• In -line Skating Event
• "SprintKids" Tri- /Duathlon Event
• Sports /Fitness Exposition at host site
ESTIMATED
PARTICIPATION: 2,500 -3,000 participating athletes
3,000 -5,000 visitors /spectators
250 -300 volunteers
Arriving Wednesday- Friday
Departing Sunday- Tuesday
EVENT
PROMOTION: 64 + page, full color Tour Program
Full color promotional posters
Direct mailing to 20,000 member list
Official newspaper, radio and television station in all markets
Advertising in national magazines
TELEVISION: All events televised via Prime Network to 25+ million cable subscrib-
ers throughout the United States.
FUTURE OF
EVENT: The event has an eight year history, and new changes have made a
positive impact with respect to increased national recognition.
Exclusive Sports Marketing would like to see the program become
an annual event in Key West.
111 MARKETING: Included in this proposal is information pertaining to the extensive
local, regional and national marketing Exclusive Sports Marketing will
do in order to further promote the Family Fitness Weekend Tour.
1
0