FY1991 08/28/1991 Y ,
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Dannp I. 3otIjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 39070
TEL. (305) 743-9036 KEY WEST, FLORIDA 33040 TEL. (305) 852-9253
TEL. (305) 294 -4641
September 17, 1991
Mrs. Sandra Higgs, Director
Tourist Development Council
P.O. Box 866
Key West, Fl. 33040
Dear Mrs. Higgs:
At the Monroe County Board of County Commissioners
Meeting of August 28, 1991 the Board granted approval and
authorized execution of a Contract with Exclusive Sports
Marketing for the 1991 Bud Lite Sprintman Triathlon,
September 27 -29, 1991 in the amount of $20,000.00.
I am attaching hereto two duplicate originals of
the subject agreement, which have now been executed on
behalf of both parties.
Sincerely,
Danny L. Kolhage
Clerk of the Courts and
ex officio Clerk of the
Board of Count Commissioners
.b4t•
Nancy Coh , Deputy Clerk
,
cc: County Administrator Tom Brown
County Attorney Randy Ludacer
Finance Director Taryn Medina
File
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THE FLORIDA KEYS &
KEY ST 't= Key Largo, Islamorada, Marathon, Lower Keys, Key West
Y 9 s Y. Y
416 Fleming Street P.O. Box 866 Key West, FL 33041 U.S.A. (305) 296 -2228 • (800) FLA -KEYS • Fax: (305) 296 -7613
September 3, 1991
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Mr. Danny Kolhage - r i
Clerk of the Circuit Courts ��
500 Whitehead Street
Key West, Florida 33040
Dear Mr. Kolhage:
The Monroe County Board of County Commissioners at their regular
meeting of August 28, 1991 approved the following contracts. These
contracts have been drafted utilizing the contract format approved by
the BOCC and incorporated into the TDC Operations Manual:
MAJOR EVENT CONTRACTS:
Exclusive Sports Marketing - 1991 Bud Light Sprintman
Triathlon - $20,000.
All contracts have been duly executed by the authorized representative
with four (4) copies of each contract being provided. If you should have
any questions, please do not hesitate to contact our office.
Sincerely
\DO-114,0,, �1
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Sandra Higgs
Administrative Director
Enclosures (4)
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F4LE�' r ., P r _ rnnr
NATIONAL MAJOR EVENT CONTRACT WITH
91 EP 1 b P :(14 EXCLUSIVE SPORTS MARKETING
THIS AGREEMENT is entered into this 024 day of AtiaNt
1991, 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:
L The BOCC agrees to pay up to twenty thousand dollars
($20,000) for the 1991 Bud Light Sprintman Triathlon, September 27 -
29, 1991 from tourist development tax funds. (See Exhibit A).
2. Scope of Services: Exclusive Sports Marketing agrees to
provide the County with a three (3) day event as specified in the Scope of
Services which is incorporated by reference (see Exhibit B).
3. Payment: Upon submission of documentation with review
and verification by the Tourist Development Council Administrative
Office for event promotion, which includes marketing literature,
advertising program /publication ads, television coverage, publicity and L.,
on -site advertising, payment of $20,000.00 shall be made upon
completion of event. Payment is specifically contingent up n availability
of TDC funds. 1 \\° 5a3 " �
4. Accounting: Financial records of Exclusive Sports Marketing
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.
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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 except for
those reasons in paragraph 21, then Exclusive Sports Marketing agrees to
refund to the BOCC 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 agrees to relieve
Monroe County of all risks for loss or damage during the event not caused
by BOCC or its agents.
10. Indemnification and Hold Harmless: Exclusive Sports
Marketing, agrees to indemnify and hold Monroe County harmless for
any and all claims, liability, losses and causes of action which may arise
out of the fulfillment of the agreement. It agrees to pay all claims and
losses and shall defend all suits filed due to the negligent acts, errors or
omissions of Exclusive Sports Marketing employees and /or agents,
including related court costs.
11. Insurance Requirements: Exclusive Sports Marketing, shall
carry during the term of this agreement public liability insurance,
including bodily injury and property loss damage to cover all claims,
demands or actions by any person or entity in anyway arising from the
operation, of this event. Such liability insurance shall be in an amount
not less than $1,000,000. Monroe County shall be named as additional
insured under the insurance policy and such insurance shall be primary
and noncontributing with any insurance carried by the County. 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.
12. Permits: Exclusive Sports Marketing will secure all required
permits, licenses including but not limited to occupational licenses.
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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/TDC is exempt from Federal Excise and
State of Florida Sales Tax.
15. Finance Charges: The BOCC/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 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 BOCC/TDC and
the BOCC/TDC shall at no time be legally responsible for any negligence
on the part of said successful proposer, its employees or agents, resulting
in either bodily or personal injury or property damage to any individual,
firm, or corporation.
17. Disclosure: Exclusive Sports Marketing shall be required to
list any or all potential conflicts or interest, as defined by Florida Statute
112 and Monroe County Ethics Ordinance. Exclusive Sports Marketing,
shall disclose to the BOCCTTDC 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 BOCC/TDC.
18. Assignment: Exclusive Sports Marketing, 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 consent of
the BOCC/TDC.
19. Compliance with laws - Nondiscrimination: 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.
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20. Force Majeure: Exclusive Sports Marketing, 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, 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, must furnish evidence of the causes of such delay or failure.
Exclusive Sports Marketing, 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.
22. Security Protection: The sponsor agrees to provide adequate
security for the event. No TDC funds will be used for this purpose.
23. Antisolicitation: Exclusive Sports Marketing 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.
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24. Ownership: All advertising and promotion work performed
under the contract and paid for by the BOCC/TDC shall be the property of
the BOCC/TDC, for whatever use and /or disposition the BOCC/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/TDC under this contract.
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)
Attest:
\' Exclusive ports Marketing
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(SEAL)
Attest: MX YOL AGE, Clore
MONROE COUNTY BOARD OUNTY COMMISSIONERS
AXOR/CHAIRMAN
Approved as to form & legal sufficiency: ____ =
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EXHIBIT 'A'
SEPTEMBER 27, 1991 COOL SUMMER NIGHTS 5 K RUNNING SERIES
BAUER IN -LINE SKATE SERIES
SEPTEMBER 28, 1991 RECREATIONAL BIKE RIDE
FITNESS EXPOSITION
WELLNESS SEMINAR
SEPTEMBER 29, 1991 SPRINT TRIATHLON
SPRINT TRIATHLON AWARDS CEREMONY
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EXHIBIT 'B'
The following are the detailed benefits included in the host site
marketing program:
Host Site Marketing Program
1. Marketing literature
• 40,000 full -color glossy programs,
highlighting your location as the host site for the weekend of
your event. Two -page spread covers details of the week
end: one page for host ad, other page for event activities and
scheduling.
• 1,000 full -color glossy posters - Site name and logo.
2. Advertising Program - Publication ads •
• Three -page spread in Triathlete Magazine the National
Publication for the sport of triathlon (distribution of 250,000)
covering entire Series weekend.
• Ads run in several statewide running journals, -
Florida Sports Review, and other sporting
publications.
a. Television Coverage
• ESM produces a 1/2 hour television special of each of the 9
Series stops. We syndicate the show statewide on Sunshine Net
work who are now reaching into 2.8 million homes across the state
of Florida. Each Jost site will be a major organizational factor of
the Series Weelnd and will be highlighted as such.
• In addition to your on- location coverage, host site sponsors
receive the following on the television shows:
• Opening & Closing billboards
- One 30- second commercial inside the show, provided by host
site.
b. Publicity
• ESM aggressively creates a widespread promotional campaign
that includes a statewide media list of all newspapers, radio
stations, and television stations. Our press release campaign runs
continuously throughout the series; highlighting series winners
and keeps media contacts up-to -date on Cumulative Point Totals.
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• ESM in conjunction with Sunshine Network is developing .30
second promotional spots covering the series; these spots will be
inserted into local networks and give them footage of the Series
and it's developments.
• ESM is pursuing an official newspaper for each market to take
advantage of tradeout advertising. The concept has worked well in
the past and should be a winner in 1990.
c. On -Site Advertising
• Name.recognition on 2,500 -3,000 athlete t -shirts
• Opportunity to display banners in prime tv angles
• Packet stuffing of all athlete registration bags
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•) SWORN STATEMENT UNDER SECTION 2S77.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER 'OATHS.
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L This sworn statement is submitted with Bid, Proposal or Contract No.
for r9nhu�
een -Busch f=cuni..1y (:.faun k/eehend
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2. This sworn statement is submitted by Fxc.Cu /i.ve Sponta !)]anheti.nn, Lizc.
[name of entity submitting sworn statement]
• whose business address is /060 //o.L.Land !)n,, Sallie 3 -L
Boca 'Raton, FC. 33487 •
and
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(if appUcabie) its Federal Employer Identification Number (FEIN) Ts
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: )
3. My name is Steven l., %ebon
and my relationship to the
[please print name of Individual signingj
• entity named above is % ne}ii.dent
•
4. 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 wall an agency or political subdivision of any other
state or with 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 Stators and involving antitrust, fraud, theft, bribery, collusion. racketeering,
conspiracy, or material misrepresentation.
5. I understand that 'convicted* or *conviction' as defined in Paragraph 287.133(1)(b). Florida Statutes. •
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 easy of a plea of guilty
or nolo contendere.
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6. I understand that an 'affiliate' as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
L 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 hat 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,
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7 • un derstand that a 'person' as defined in Paragraph 287.1.33(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.
8• Based on information and belief, the statement which 1'have marked below is true in relation to the
entity submitting this sworn statement. (Please Indicate which statement applies.)
- ....... r......,."444 uua iwyt• .►41cment, nor
any officers, directors, exec>tives,
partners, shareholders, employees, members; or agents who are active in management of the entity,
nor any affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or. ones or more of the officers, directors.
exe cutives, partners, shareholders, employees, members, or agents who are active in 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, AND [Please indicate which additional statement applies.)
____ There has been a proceeding concerning the conviction before a hearing' officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate ou the convicted vendor list. [Please
attach a copy of the final order.]
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
[Please attach a copy of the final order.)
The person or affiliate has not been placed , n , e convicted vendor G list.
describe any action taken by or pending with the D` , ,.., , , [Please
eneral Services.]
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. Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority, (
[name of Individual signing] who, after first being sworn by me,•affixed his/her signature
in the space provided above on this a 3 day of Ckl.k 19
(kielkjNi E ?i2,&fjL
My commission expires: NOTARY PUBLic;
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NOTARY PUBLIC STATE OF n.OR1tA
MY COMMISSION EXP JULY 24,1993
30140E0 THRU GENERAL 116. UNO. •
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Fora PUR 7068 (Rev. 11/89)
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