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HomeMy WebLinkAboutFY1992 04/22/1992 s pOUNT " M, � y t i u "y1�E COUNN'N.f. fit annp 1. 1aorijage 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 33070 TEL. (305) 743 -9036 KEY WEST, FLORIDA 33040 TEL. (305) 852 -9253 TEL. (305) 294 -4641 May 1, 1992 Mrs. Sandra Higgs Monroe County Tourist Development Council 3406 North Roosevelt Boulevard Key West, FL 33040 Dear Mrs. Higgs: On April 22, 1992, the Board of County Commissioners of Monroe County approved and authorized exe- cution of a National Major Events Contract with Exclusive Sports Marketing, Inc. in the amount of $55,000.00 for the 1992 Bud Light Sprintman Triathlon, October 9 -11, 1992. BY COPY OF THIS LETTER TO RISK MANAGEMENT, WE ARE CALLING TO THEIR ATTENTION AS WELL AS TO YOUR ATTENTION THE INSURANCE REQUIREMENTS SET OUT IN SECTION 11 OF THIS AGREEMENT. Enclosed are two duplicate originals of the sub- ject Agreement, now executed and sealed by all parties. Sincerely yours, Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk Board of County Commissioners • BY: A ,iKs Rosalie L. C. nolly Deputy Clerk cc: County Attorney County Administrator w/o document Finance Director • Risk Management File • • • • FILED FOR R E C O R D NATIONAL MAJOR EVENT CONTRACT WITH EXCLUSIVE SPORTS MARKETING. INC. "92 [;PR 30 A R :3e THIS AGREEMENT is entered into this ,0.?rc1 day of 1992, by and between BOARD OF COUNTY COMMISSIONERS, ONROE i , 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 fifty -five thousand ($55,000) dollars for the 1992 Bud Light Sprintman Triathlon, October 9 - 11, 1992 from tourist development tax funds. (See Exhibit A). 2. Scope of Services: Exclusive Sports Marketing, Inc. 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 on -site advertising, payment of $55,000.00 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.. 1 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 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 loss 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 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, Inc. employees and /or agents, including related court costs. 11. Insurance Requirements: Exclusive Sports Marketing, Inc., 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, 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. 2 • 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/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, Inc. 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, Inc. 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, Inc., shall disclose to the BOCC/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 BOCC/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/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. 3 • 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. Antisolicitation: 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. 4 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 parti o have executed this agreement the day and year first above wn - n. i' p (SEAL) "1 •r • Attest: ( ; Exclusi e Sports Marketing, Inc. (SEAL) A t ANN L. KOLHAGE, Clerk / MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Approved for form and leg fic' cy: MAYOR/CHAIRMAN Dat 9---- 5 • EXHIBIT 'A' S P O R T S #X4 M A R K E T I N G INC Corporate Sports Marketing * Programs • Event Management & Implementation March 18,1992 To: Sandra Higgs - Florida Keys TDC From: Dennis Tebon - Exclusive Sports Marketing Re: DAC IV - Resolution Road Closings for Anheuser -Busch Family Fitness Weekend - National Sprint Triathlon Championships #1 The following represents the weekend road closings for the 1992 Anheuser -Busch Family Fitness Weekend. The weekend represents four different events from Friday through Sunday - Friday. October 9, Saturday. October 10, and Sunday. October U, 1992. The following explains the time and actual roads that need to be closed for the events. The only request change from 1991 to 1992 is the distance of closing New US 1 for the bike portion of the Na- tional Triathlon on Sunday morning. According to Tri-Fed USA which designates the Na- tional Championship Status - we have to implement a bike portion of more than 15 miles. In the past few years we have only been allowed 11 miles on the bike, it is imperative to both safety and the promotion of this event that we secure the proper distance. In addition, a map of each course is provided for your review. FRIDAY. OCTOBER 9. 1992 • Particular Road Closed -- Old US 1 from the front of Cheeca Lodge North to where the Old Road comes back to New US 1. (One mile and 1/2 stretch of roadway) • Times Road Closed -- 6:00 PM -9:00 PM • Events Implemented -- In -line Skate Championship and 5K Road Running Championship SATURDAY. OCTOBER 10. 1992 • Particular Road Closed -- Old US 1 from the front of Cheeca Lodge South to Parker Drive. (One mile and 1/2 stretch of roadway) • Times Road Closed -- 8:00 AM -9:00 AM • Event Implemented -- SprintKids Triathlon Championship SUNDAY. OCTOBER 11. 1992 • Particular Road Closed -- New US 1 from the front of Cheeca Lodge South to MM 74 (Total bike portion of the National Championship Triathlon will be 16 miles) • Times Road Closed -- 7:15 AM -9:00 AM • Event Implemented -- Bud Light National Championship Sprint Triathlon 1060 Holland Drive, Suite 3L, Boca Raton, Florida 33487 • (407) 241 -3801 • FAX (407) 241 -3805 DAC IV Resolution cont... #2 What Economic Impact will this event bring? Athletes will be traveling from all over the country and the state of Florida to participate in the National Championship Sprint Triathlon. An estimated 3,000 athletes will be taking part in the weekend activities. With friends, relatives, and spectators coming along the total number of people traveling to the Keys will be over 7,500. Estimated economic impact is over $1.5 million. (Food, lodging, gas, related consumer items) #3 Why should the community support road closings with reference to inconvenience of travel? 1. Substantial economic impact. 2. National Championship Event - Significant media coverage 3. National Television 4. $450,000 marketing campaign 5. Healthy, positive, family oriented activity - great image builder for the Keys 6. An event that not only travelers can participate in but also local residents The road closing times that are of most important is Sunday morning. US 1 for the triathlon bike portion will be closed from 7:15 AM - 9:00 AM. With this early morning closing most people will not even notice the road being closed. We will again heavily publicize the temporary closing from notices in the local newspapers, radio announcements, and flyers along the residential areas in Islamorada. EXHIBIT 'B' _ 4__ S P O R T S M A R K E T I N G INC. Corporate Sports Marketing Programs • Event Management & Implementation 3- 18-92 TO: SANDRA HIGGS - FLORIDA KEYS TDC FROM: DENNIS M. TEBON - EXCLUSIVE SPORTS MARKETING RE: LOGISTICAL ITEMS ANHEUSER -BUSCH FAMILY FITNESS WEEKEND ITEM #1 NECESSARY CLEAN -UP Trash is minimal from all of the events and the only event that will have any signficant trash on county property is the Friday night skate & 5K We have 25 volunteers working our Friday night events and they are required to walk the entire event grounds following the event. The Kids event and Adult triathlon are held on Cheeca Lodge property. We clean this up entirely and moreover we pride ouselves on our committment to a healthy lifestyle and clean environment - indicated by the activities procured. ITEM #2/3 TRAFFIC CONES AND BARRICADES All traffic procedures have been discussed with Sgt. Cetrulo of the Monroe County Sheriff's Department. When implementing each event Exclusive places cones every other median space to signify an official event is in progress and also indicates the path that the athletes will follow on that particular event. Exclusive Sports Marketing has over 500 18" traffic cones for placement. In addition, we will have barricades on each of the adjunct roads in Islamorada for each event, detour signs, road closing signs, and other pertinent informational signs ordered from Bon's Barricades. ITEM #4 POLICE PROTECTION Per meeting with Sgt. Cetrulo - the following officers will be needed: Friday, September 27 8 officers covering all intersections Sat., September 28 8 officers covering all intersections Sun., September 29 21 officers covering all intersections Contact: Sgt. Jon Cetrulo - Supervisor Traffic Enforcement - Monroe County Sheriff 305- 852 -3211 ITEM #5 PUBLIC NOTICE Public notices are being made via press release campaign to all "Keys" print Keynoter Free Press In addition, WCTH FM will be publicizing the mad closings Signage will be placed on both Old and New US 1 to further announce closing Handouts will be placed in mail boxes in Islamorada 1060 Holland Drive, Suite 3L, Boca Raton, Florida 33487 • (407) 241 -3801 • FAX (407) 241 -3805 , , • - cont... ITEM #6 EMERGENCY FIRE-RESCUE Emergency Fire-Rescue All three days will have Emergency Service: Peter Luppert 305-853-1469 ITEM #7 INSURANCE CERTIFICATES - HOLD HARMLESS AGREEMENT The following organizations will be listed as an additionally insured on the TRI-FED USA $1,000,000 General Liability Insurance Policy: Monroe County Cheeca Lodge ITEM #8 FLORIDA MARINE PATROL - DADE COUNTY LIFEGUARDS Will be on hand for the swim portion of the adult triathlon 10 Dade County lifeguards will be on boards ITEM #9 VOLUNTEER FORCE Working with Florida Keys Children's Shelter Director of Development - Edith Zewadski-Bricker Friday -25 volunteers Saturday - 15 volunteers Sunday -30 volunteers Duties will consist of: parking, course monitors, registration help, water stations, and informational purposes. ITEM #9 EXCLUSIVE SPORTS MARKETING STAFF The staff consists of 15 professionals to organize all coordination & procedures. Tri-Fed USA brings down 5 professionals to provide extra support. Examples of the insurance certificate is provided with the fmal copies being processed this week. I will have them to you in a few days. In addition I have included the Department of Transportation Road Closings for the County Administrator to sign and Sheriff Roth. These forms must be sent to the Department of Transportation as soon as possible. I hope this covers all of your concerns about event safety and planning. For the third year in a row we plan on staging a first class event for Islamorada and the Florida Keys. Please call for confirma- tion of these items and if you have any questions. Thank you very much. Sin ly, 1 Senior Vice-President, Exclusive Sports Marketing, Inc. of Florida FURTHER CLARIFICATION RE: PERMITS: In addition to the requirements outlined in the TDC Event contract, the Monroe County Board of County Commissioners requires Event Coordinators to adhere to the following stipulations, where • applicable, as it relates to an event taking place in the Florida Keys and Key West: r] necessary clean up placement of traffic cones spaced 50' apart along the entire section of road (where applicable) barricades on side streets, easements, and driveways prohibiting access onto closed section of roadway (where applicable) policemen directing traffic at beginning and ending of course, and also at intersecting streets (where applicable) El public notice given through handouts and announcements to those effected by road closing (where applicable) n contact Emergency Rescue agencies L._ supply proper insurance and hold harmless agreement as outlined in contract j . 1 i • SWORN STATEMENT UNDER SECTION 287.133(3)(n), 1. FLOIUfl S7•A t•rt: ON PUBLIC F.NTITl' CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER ( 1 AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for ANHEUSER BUSCH FAMILY FITNESS WEEKEND • 2. 'Ibis sworn statement is submitted by EXCLUSIVE SPORTS MARKETING, INC. OF FL. (name of entity submitting sworn statement] ' whose business address is 1060 HOLLAND DRIVE, #3 —L, BOCA RATON, FL 33487 • and • (if applicable) its Federal Employer Identification Number (FEIN) Is 59 2743367 • (U the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is STEVEN. J. ,TEBON ) (please print nam o[ i ndividual slgningj and my relationship to the entity named above is PRESIDENT 4. I understand that a 'public entity crime' as defined in Paragraph 287.133 1 0 means a violation of any state or federal law by a person with respect to and ) diree ly elated to the transaction of business with any public entity or with 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 C , or of the United States and Involving antitrust, fraud, theft, bribery, (*Huston, racketeering, conspiracy, or material misrepresentation. 5 . I understand that 'convicteb or `conviction' as defined in Paragraph 287.133(1)(b • means a finding of guilt or a conviction of a public entity ),112 S totes guilt, in any federal or state trial court of record relating to change* brought byaindic neat 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. 6. I understand that an 'affiliate* as defined !n Para • graph 287.133(1)(a), Florida c_ rpilim means• 1. A predecessor or successor of a person convicted of a public entity crime: or means: 2. An entity undet the control of any natural person who Is active in the management of the • entity and Who has been convicted of a public cull officers, directors, executives, partners, shareholders, em loy e. The term 'affiliate' who are those in the management of an affiliate. ate. The owners,(, p °� +members, and agents who are active interest in another person, or a pooling of equipment or income am persons when of f °� ling ir market value under an arm's length agreement, shall be a another person. A person who knowingly enters into a joint vae fade wit person who has been erson controls convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7 • , understand that a 'person' as defined in Paragraph 287.133(1)(e), 1 - means any a t o natural person or entity organized under the laws of any state or of the United States with t power to enter into a binding contract and which bids or applies - S. of goods or services let by a public entity, or which otherwise transacts or applies to bid on contracts for the provision the legal with a public entity. The term `person" includes those officers, directors, executives, business shareholders, employees, members, and agents who are active in management of partners, g, an guilt•. Based on information and belief, the statement which I have marked below is true in relation to the . entity submitting this sworn statement. (Please indicate which statement applies) 4 I 3 Neither the entity submitting tlris sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who arc active in management of the entity, nor anv affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1999. The entity submitting this sworn statement, or one or more of the officers, directors, executives, 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` ce 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 on 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 bean 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 pl$Ced e convicted vendor list. [Please describe any action taken by or pendin! wi . a Oep •••ent of General Services.] • Il w . signature] Date: STATE OF FLORIDA COUNTY OF PALM BEACH PERSONALLY APPEARED BEFORE ME, the undersigned authority, STEVEN J. TERM who, after first being sworn by me, affixed his/her signature [name of individual signing] \ � in the space provided above on this i/ 1 day of 1 /L I 19 G O - • 1 NOTARY PUBLIC; My commission_ expires: • , ARV PUBLIC STATE OF FLORIDA __ L PIT +TU RD GE•l RA L JULY 24 1993 UtD, For PUR 7068 (Rev. 1189) ' SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE STEVEN J. TEBON warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in voliation of Section 2 of 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 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 0, /omission, percentage, tG gift, or consideration paid to th - o '„ C. . • .ficer or employee. amIllif 50 signature) . Date -21 -qZ-- STATE OF FLORIDA COUNTY OF PALM BEACH PERSONALLY APPEARED BEFORE ME, the undersigned authority, STEVEN J. TEBON who, after first being sworn by me affixed his /her signature (name of individual signing) in the space . provided above on this 3 ( day of , 19 4I , -10/17 e kft)Jeit NOTARY P BLIC My commission expires: NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EX? JULY 24.1993 lONDED TNRU GENERAL INS. UND.