Item D3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: SEPTEMBER 15 2004 Division: TDC
Bulk Item: Yes X No
AGENDA ITEM WORDING:
Department:
Approval of an Amendment to Agreement with Exclusive Sports Marketing, Inc.
covering the Publix Family Fitness Weekend/Coca-Cola Triathlon Series.
ITEM BACKGROUND:
Due to Hurricane Charley the dates of the current Agreement need to be
revised.
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement at their meeting of March 17, 2004.
CONTRACT/AGREEMENT CHANGES:
Amendment to revise dates.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $20,000 BUDGETED: Yes X No
COST TO COUNTY: 20 000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purch,�sing X Risk Management X
DIVISION DIRECTOR APPROVAL:
(Lynda Stuart)
DOCUMENTATION: Included X To Follow Not Required
DISPOSITION•
AGENDA ITEM #
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: Exclusive Sports
Marketing, Inc.
Contract Purpose/Description:
CONTRACT SUMMARY
Contract #
Effective Date:
Expiration Date:
Approval of an Amendment to Agreement with Exclusive Sports Marketing.Inc
covering the Publix Family Fitness Weekend/Coca-Cola Triathlon Series
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 9/15/04 Agenda Deadline: 8/31/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 121-71030-530340-T41S-167-X-530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (— , _
Division Director
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
CONTRACT REVIEW
Changes
Needed
Yes❑ Noo
Yes❑ No❑
` 6 Yes❑ NoQ//�>.
1 Yes❑ No S.Hutton
OMB Form Revised 2/27/01 MCP #2
etc
Date Out
J;
C�5 0-/
J12 Toy
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2004, between the County of Monroe and Exclusive Sports Marketing, Inc.
WHEREAS, there was an agreement entered into on March 17, 2004, between
the parties, awarding $20,000 to Exclusive Sports Marketing, Inc. for the Publix Family
Fitness Weekend/Coca-Cola Classic on August 13-15, 2004, and
WHEREAS, it has become necessary to revise dates of event due to the fact the
event had to be postponed because of Hurricane Charley;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Paragraph I of the agreement will read as follows: The BOCC agrees to
pay $20,000 (Twenty Thousand Dollars) for Publix Family Fitness Weekend/Coca-Cola
Classic on August 27-29, 2004 from tourist development tax funds provided Event
sponsor meets all of its obligations under this agreement.
2. The remaining provisions of the contract dated March 17, 2004 remain in
full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
Exclusive Sports Marketing, Inc.
President
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor/Chairman
I17 A NIN E ,a UTT'ttl
ASSISiAf4 �rT�0RN'E..Y
Welcome To The Publix Family Fitness Weekend.
Page 1 of 2
Wheeler -Harold
From: Steven J Tebon [tebon@exclusivesports.com]
Sent: Friday, August 13, 2004 8:17 AM
To: E-mail:
Subject: Key Largo Publix FFW - Charley say no go!!!!! Prayers and thoughts are with everyone in his path!
Abe. 1S It
Attention Key Largo FFW Athletes:
s
I(Aks Lam
Due to Circumstances beyond our control, mainly Hurricane Charley, we are going to
have to postpone the Key Largo weekend until the weekend of August 28th.
The schedule of events will be the same as the original schedule, If you are registered
to race in any of our events of that weekend, you will be automatically transferred to
the weekend of the 28th.
If you are unable to make the new date please email Linda Meyer at
LmeyerOExclusivesports.com and she will be able to transfer you to either Miami
Beach or Club Med. We Thank you in advance for your patience and understanding as
we rearrange things for Mother Nature. To the Starting Line!
*Tropical Weather Update - Click here to keep up do date on Florida weather.
Upcoming Events:
Miami Beach
September 17 - Register Today!
Everyone describes Miami Beach in their own unique
way. At any given time you can hear it being described
Brought To
411
family fitness w
DANN
8/18/2004
Welcome To The Publix Family Fitness Weekend. Page 2 of 2
as a "party city", a quiet island, a fashion Mecca, a retirement community and more.
Learn More>
Club Med - October i - Register Today!
l You have sweated, sunned, ran, raced and enjoyed the
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Weekend 2094 weekend is true family! Hey kids have you ever tried the
trapeze? How about you mom and dad? There's water
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The ONLY way to book these Exclusive rates is by calling Forrest Travel at 305-932-
5560.
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8/ 18/2004
Turn Key Events Agreement
This AGREEMENT dated the=day ofAkz�2004, 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, Inc., hereinafter "Exclusive Sports
Marketing, Inc.".
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 Publix
Family Fitness Weekend/Coca-Cola Classic on August 13-15, 2004 from tourist
development tax funds provided Event sponsor meets all of its obligations under this
agreement.
2. Scope of Services: Exclusive Sports Marketing, Inc. agrees to provide the
County with an event as specified in the Scope of Services:
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, Inc.
pertaining to this project shall be kept on generally recognized accounting principles
Publix Family Fitness 2004
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. Termination: This Agreement will be terminated on November 15, 2004.
All Invoices must be submitted prior to November 15, 2004.
7. Non Occurrence of Event: Exclusive Sports Marketing, Inc. 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, 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.
9. Insurance Requirements: Exclusive Sports Marketing, Inc., 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, 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
specked 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 shall release County of any
obligation to compensate event sponsor. Further, any material misstatement in the
application for insurance coverage shall release County from it's obligations to pay
under this agreement. Exclusive Sports Marketing, Inc. shall provide, to the County, as
2
Publix Family Fitness 2004
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
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 BOCC prior to the Event. The
Insurance policy must state that the Monroe County BOCC and Monroe County
TDC 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, 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.
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, 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 that shall be
maintained throughout the life of the contract and include, as a minimum:
Premises Operations
' Products and Completed Operations
Blanket contractual Liability
Publix Family Fitness 2004 3
* 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
* $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, Inc. will secure all required permits,
licenses including but not limited to occupational licenses.
11. 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, Inc. 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 Charges: 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, 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 and TDC, and the BOCC and TDC 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.
4
Publix Family Fitness 2004
15. 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, involving any
client's interest which may conflict with the interest of the BOCC and TDC.
16. Assignment: Exclusive Sports Marketing, Inc. 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.
17. ComDiiance 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.
18. Security Protection: Exclusive Sports Marketing, Inc. agrees to provide
adequate security for the event.
19. Ethics Clause: Exclusive Sports Marketing, Inc. 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. 10-1990. 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. Logo: 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 TDC and County in November 2000. Radio
Advertising should read "Brought to you by the Monroe County Tourist Development
Council". No reimbursement or direct payment will be considered unless this logottrade
mark is utilized.
5
Publix Family Fitness 2004
21. 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.
22. 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.
23. 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".
24. Force Maieure: Exclusive Sports Marketing, Inc. shall not be liable for delay in
performance or failure to produce the event in whole or in part due to the occurrence of
any contingency beyond its control or the control, including war or act of war whether an
actual declaration thereof is made or not, act of terrorism impacting travel in the United
States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine
restriction, storm, flood, drought or other act of God, act of nature (including presence
of endangered animal species which cannot be timely removed in a safe manner) or
any act of any governmental authority which prohibits the event to be produced, in full
or in part, as described and which Exclusive Sports Marketing, Inc. has exercised
reasonable care in the prevention thereof. Any delay or failure due to the causes stated
shall not constitute a breach of the Agreement. Upon demand of TDC or BOCC,
Exclusive Sports Marketing, Inc. must furnish evidence of the causes of such delay or
failure. BOCC shall not pay for any services or activities, promotional or otherwise,
6
Publix Family Fitness 2004
connected with an event produced after the date(s) described in paragraph 1 and
Scope of Services.
25. Entire Agreement: The parties agree that the Agreement above
constitutes the entire agreement between the BOCC and Exclusive Sports Marketing,
Inc..
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL) ErlusKk!! 4P
�rketin�, Inc.
Attest: \/1
t8, ( 23
L. KOLHAGE, Clerk
Clerk
7
Publix Family Fitness 2004
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By E 'V
Mayor/Chaff an
MONROE COUNTY ATTORNEY
APPROVED AS l
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SISTANT CpUNT ATTORNEY
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MONROE COUNTY TOURIST DMI)MENT COUNCIL
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MONROE COUNTY TOURIST DEVETAPMENTCOUNCIL
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THE FLORIDA Klys & UyWEST
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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TAIL JAIDA KEYS & KLY WLST
MONROE (OUNTY TOURIST DEVELOPMENT (OUN(IL
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MONROE (OUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT(OUNCIL
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MONROE (OUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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THE MOWNKEYS&KEYWEST
MONROE COUNTY TOURIST DMOPH09 COUNCIL
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THE MORIDAKEYS WYWEST
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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