FY1998 11/12/1997 Turn Key Events Agreement
THIS AGREEMENT is entered into this /2- day of F ' 1997, 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 $30,000.00 (thirty thousand dollars) for "Publix
Family Fitness Weekend" covering a period from October 9 -11, 1998 or October 17 -19,
1998 from tourist development tax funds, provided Event sponsor meets all of its
obligations under this agreement.
2. Scope of Services: The Exclusive Sports Marketing agrees to provide
the County with an event as specified in the Scope of Services;
1. The Gatorade Triathlon Series Championship Race g `�' �' ca
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2. The Gatorade Sprintkids Triathlon p z
3. The Gatorade In -Line Skate Series Championship Race" `='
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4. The Contadina Running Series Championship Race .c r ;
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5. One (1) half (1/2) hour Television Show on Sunshine Niitwor 3 r
3. Payment: Upon receipt from Event Sponsor of documentatiQp, reVe iev i o
and verified by the Tourist Development Council (TDC) Administrative OFice, pro
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 $30,000.00. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the BOCC. Only acceptable
expenses listed in the Monroe County Tourist Development Council Operations Manual
shall be paid.
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. 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 full performance of the
covenants contained in this agreement, and the BOCC reserves the right at its
discretion, provided such breach is material, to terminate the services in this agreement
for any misfeasance, malfeasance, or nonperformance of the agreement terms or
negligent performance of the agreement terms by Exclusive Sports Marketing
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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 minimum limits acceptable shall be:
$1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,00.00 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.
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.
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22. 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 BOCC and TDC
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 enclosed).
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 Board of
Directors.
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 BOCC and Exclusive Sports Marketing
IN WITNESS WHEREO' , the parties hereto have el- c =• this agreement the
day and year first above wri - n.
(SEAL) Exc • o s ; : rketing
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(S L) s BOARD OF COUN COMMISSIONERS
Attei , 3 A NY L. KOLHAGE, Clerk OF MON - • 3 OUN FLORID
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By
Deputy Clerk 1 tyor /Chairman
APPROVED AS TO FORM
AND L - • L SUFFIC Y./
S Fr N A. TTON
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