Item D1
.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER If), 2002
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of a Turn Key Funding Agreement with Exclusive Sports Marketing
covering Publix Family Weekend on August 16 - 17, 2003 in an amount not to
exceed $20,000.
ITEM BACKGROUND:
TOC approved same at their meeting of August 7,2002.
PREVIOUS REVELANT BOCC ACTION:
BDCC approved FY 2003 Budget at their meeting of September 18, 2002.
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $20,000
BUDGETED: Yes ~ No
COST TO COUNTY: $20.000 /TOURIST PAY
REVENUE PRODUCING: Yes X- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~
OMB/Purchasing -L Risk Management X
,.~
L /,,'7~' ~/A'-t'A/
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(Lynda Stuart)
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # :L) /
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Exclusive Sports Contract #
Marketing Effective Date: 12/18/02
Expiration Date: 9/30/03
Contract Purpose/Description:
Approval of a Turn Key Fundina Aareement with Exclusive Soorts
Marketina coverina Publix Family Weekend on Auaust 16-17~ 2003 in an
amount not to exceed $20,000.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 12/18/02 Agenda Deadline: 12/4/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,000
Budgeted? Yes[g/ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
121-71030-530340- T31S-167-X-530340
- - -
----
- - -
----
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
- - -
----
CONTRACT REVIEW
Changes Date Out
DJte In Needed r ~.. /..
Division Director / I /~I/J 7-- Y esD NoE~l . ~..:'7~.)
Risk Management YesONolB" ~ t?~ //-.;1? - ,},
O.M.B./Purchasing YeSONo0~ t2 ~ //";2.(,. 2---
County Attorney If I ,<-' \""" YesO NoQ- S.Hutton If
Comments:
OMB Form Revised 2/27/01 Mep #2
Turn Key Events Aoreement
This AGREEMENT dated the day of 2002, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County,"
on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and Exclusive
Sports Marketing, hereinafter "Exclusive Sports Marketing".
WHEREAS, the BOCC finds it in the best interest of the County to promote tourism by
entering into this agreement,
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC agrees to pay $20,000 (Twenty Thousand Dollars) for the Publix
Family Fitness Weekend on August 16 - 17, 2003, 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 the County with
an event as follows:
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 athletes)
c). A Sprint Kids 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 print advertising, news releases, and the required
insurance was obtained no less than twenty days prior to the event, BOCC shall pay $20,000.
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 kept on generally recognized accounting principles and shall be available to
the SOCC or to an authorized representative for audit. Records shall be retained a minimum
of three years after contract has been performed.
Publix Family Fitness Weekend 2003
1
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. Termination: This Agreement will be terminated on September 30, 2003. All
invoices must be submitted prior to September 30,2003.
7. Non Occurrence of Event: 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 authorized to cancel including title and stated
affiliation.
8. 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
9. Insurance Requirements: Exclusive Sports Marketing, as a pre-requisite of the
Special Event governed by this agreement, shall obtain, at its own expense, insurance as
specified in this section:
Exclusive Sports Marketing 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 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 shall release County of any obligation to compensate event sponsor. Further, any
material misstatement in the application for insurance coverage shall release County from its
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
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Publix Family Fitness Weekend 2003
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 SOCC prior to the Event. The Insurance
policy must state that the Monroe County BOCC and Monroe County TOe is the
Certificate Holder and additional Insured for this event. Insurance should be mailed to:
Monroe County Board of County Commissioners
C/O Risk Management
1100 Simonton Street
Room 2-277
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.
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 that 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:
* $500,000.00 per Person
* $1,000,000.00 per Occurrence
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Pub/ix Family Fitness Weekend 2003
* $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.
10. Permits: Exclusive Sports Marketing will secure all required permits, licenses
including but not limited to occupational licenses.
11. Laws and Requlations: 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.
12. Taxes: The BOCC and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charqes: The BOCC and TDC will not be responsible for any finance
charges.
14. 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
and TOC, and the BOCC and TOC 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, firm, or corporation.
15. 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 Code.
Exclusive Sports Marketing shall disclose to the BOCC 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 BOCC and TDC.
16. Assionment: 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 BOCC.
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Publix Family Fitness Weekend 2003
17. 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.
18. Security Protection: Exclusive Sports Marketing agrees to provide adequate
security for the event.
19. Ethics Clause: Exclusive Sports Marketing warrants that it has not employed,
retained or other wise had act on its behalf, any former County office or employee in violation
of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance NO.1 0-1990. For breach or violation of the provision the County may,
at its discretion terminate this agreement without liability and may also, at its discretion, deduct
from the agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former or present County officer or
employee.
20. Media riqhts: 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 BOCC and TOC under this agreement.
21. Looo: All promotional literature and display advertising with the exception of
generic advertising must display the "Florida Keys & Key West, Monroe County Tourist
Development Council Come As You Are" logo/trade mark (as per enclosed). This
logo/trade mark was adopted by the TOC and County in November 2000. No re-imbursement
will be provided to those entities utilizing the old logo/trade mark "Florida & Key West Come as
you are".
22. 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.
23. Authority: Each of the signatories for the sponsor below certifies and warrants
that:
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Publix Family Fitness Weekend 2003
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.
24. 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".
25. Entire Aqreement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Exclusive Sports Marketing.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest:
Exclusive Sports Marketing
By
President
(SEAL
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
By
Mayor/Chairman
By
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Publix Family Fitness Weekend 2003
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MCTG-3125 New Logo Slick L01