Item D08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MARCH] 5. 2006
Division:
TDC
Bulk Item: Yes -1L- No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of a TurnKey Event Agreement with Sports Comm. Holiday Isle Classic, Inc. covering the
Islamorada Classic Women's Basketball Tournament in an amount not to exceed $40,000, DAC IV,
FY 2006 Event Resources.
ITEM BACKGROUND:
TDC approved August 31, 2005
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: $40,000
BUDGETED: Yes X No
COST TO COUNTY: $40,000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH_ Year
APPROVED BY: County Any -1L- OMB:Purchasing~
Risk Management ~
DIVISION DIRECTOR APPROVAL:
(Lynda Stuart)
DOCUMENTATION:
Inel uded X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sports Camm. Holiday Isle Contract #_
Classic, Inc. Effective Date: 3/15/06
Expiration Date:
Contract Purpose/Description:
Approval of a Turnkey Event Agreement with Sports Comm. Holiday Isle Classic, Inc.
covering the Islamorada Classic Women's Basketball Tournament in an amount not to
exceed $40,000, DAC IV. FY 2006 Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 3/15/06 Agenda Deadline 2/28/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 40,000
Budgeted? Yes[3J No 0 Account Codes
Grant: $
County Match: $
Current Year Portion: $
120-70030-530340- T50S-526Y -530340
- - - -
~ .........-- - - ~
-
---
ADDITIONAL COSTS
Estimated Ongoing Costs: S_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
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Division Director ~... 0
Changes
Ye~~~[j ~/77tydtl~
Date Out
Risk Management
\
O.~BjPurCh~;ng d?~/-OU YesD
YesD NoEJ
County Attorney
2-/4(1[, YesD No[3--
i I
1- It i 17b
S.Hutton
Comments:
OMB Form Revised 2!27/01 MCP #2
Turn Kev Events Ag:reement
This AGREEMENT dated the day of 2006, is entered into by and
between the SOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County" or "SOCC," on behalf of the TOURIST DEVELOPMENT COUNCIL.
hereinafter "TDC" and Classic Sports Events, Inc., hereinafter "Event Sponsor".
WHEREAS, Event Sponsor has proposed the presentation of a Turnkey Event as
described below; and
WHEREAS, the SOCC 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 soce agrees to pay from tourist development tax funds $40,000 (Forty
Thousand Dollars) for the Islamorada Classic Women's Basketball Tournament on
November 26,2006 through to December 4,2006, provided Event Sponsor meets all of its
obligations under this agreement.
2. Scope of Services: Event Sponsor agrees to provide the County with an event as
specified in the Scope of Services described in the funding application, including the
following:
1, Shall bring a minimum of four (4) collegiate/nationally ranked teams to
Islamorada to play Women's Basketball
2. Shall provide two (2) TV Broadcasts of the games that shall include 8
commercial spots for lslamorada Hotels and 8 commercial spots for the
lslamorada area (to be aired within ninety (90) days from
completion of event), radio and newspaper advertising
3. Payment: Payment of the sum set forth in Section 1 above will be made upon the
completion of the event and upon the airing(s) of national and/or international television
when said promotion has been brought forward within the application as a component of
qualifying as a TurnKey Event and subsequently outlined within the scope of services within
the contract. Upon receipt from Event Sponsor of a proper invoice with 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 pursuant to the Florida Prompt Payment Act.
HOliday Isle Classic Women's Basketball Tournament
1
Monroe County1s performance and obligation to pay under this contract is contingent
upon an annual appropriation by the SOCC.
4. Accounting: Event Sponsor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or
their authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the
term of the Agreement and for four years following the termination of this Agreement.
If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Event Sponsor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to Event
Sponsor.
5. Modification: Any changes to this contract may be made only by written mutual
agreement, recommended by the TOC and approved by the SOCC.
6. Termination: This Agreement will terminate on September 30, 2007, unless earlier
terminated pursuant to Section 7 below. All invoices must be submitted prior to
September 30, 2007.
7. Non Occurrence of Event: 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) documentation of the
reason for cancellation and 3) person authorized to cancel including title and stated
affiliation.
8. Indemnification and Hold Harmless: Event Sponsor 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 Event Sponsor.
9. Insurance Requirements: Event Sponsor, as a pre.requisite of the Special Event
governed by this agreement, shall obtain, at its own expense, insurance as specified in this
section:
Holiday Isle Classic Women's Basketball Tournament
2
Work associated with the Event (including pre-staging of personnel and material)
shall not commence until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Event Sponsor 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.
Event Sponsor 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
Or
· Certificate of Insurance e-mailed from Insurance Agent/Company to County
Risk Management (Telephone Maria Slavik at 295-3178 for details)
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 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
P.O. Box 1026
Key West, FL 33041
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 Event Sponsor's insurance shall not be construed as
relieving Event Sponsor 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.
Holiday Isle Classic Women's Basketball Tournament
3
Event Sponsor 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, Event Sponsor 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
* $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: Event Sponsor 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.
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 BOCCITDC: It is the intent of the parties hereto that Event Sponsor 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 TOC shall at no time be legally responsible for any negligence on the
Holiday Isle Classic Women's Basketball Tournament
4
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: Event Sponsor shall be required to list any or all potential conflicts or
interest, as defined by Florida Statute 112 and Monroe County Code. Event Sponsor shall
disclose to the soee 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: Event Sponsor 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 SOCC. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Event Sponsor and their
respective legal representatives, successors, and assigns.
17. Nondiscrimination: County and Event Sponsor agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the
date of the court order. County and Event Sponsor agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3} Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -61 07)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
Holiday Isle Classic Women's Basketball Tournament
5
relating to nondiscrimination on the basis of disabifity; 10) Monroe County Code Ch. 131
Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disabifity,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; and 11) any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
18. Security Protection: Event Sponsor agrees to provide adequate security for the
event.
19. Ethics Clause: Event Sponsor 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 AreH logo/trade mark (as per enclosed). This
logo/trade mark was adopted by the TOC 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 logo/trade
mark is utilized.
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
Holiday Isle Classic Women's Basketball Tournament
6
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 Majeure: The Event Sponsor 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, insurrectionl
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 for
which the Event Sponsor 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;
however, the BOCC shall have the right to determine jf there will be any reduction to the
amount of funds due to the Event Sponsor after consideration of all relevant facts and
circumstances surrounding the delay in performance or failure to produce the event. Upon
demand of TDC or BOCCI the Event Sponsor must furnish evidence of the causes of such
delay or failure. BOCC shall not pay for any services or activities, promotional or otherwise,
connected with an event produced after the date(s) described in paragraph 1 and Scope of
Services.
25. Governing Law. Venue: This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Event Sponsor agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
26, Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
HOliday Isle Classic Women's Basketball Tournament
7
each remaining terml covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The County and Event
Sponsor agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
27. Claims for Federal or State Aid. Event Sponsor and County agree that each shall
be, andis, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applicationsl requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
28. Adjudication of Disputes or Disagreements. County and Event Sponsor agree that
all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed
upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
29. No Solicitation/Payment. The County and Event Sponsor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation I individual, or firml other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of the provisionl the agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or othefWise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
30. Public Access. The County and Event Sponsor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the County and Event Sponsor in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this Agreement upon
violation of this provision by Event Sponsor.
HOliday Isle Classic Women's Basketball Tournament
8
31. Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
32. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended tOl nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except to
the extent permitted by the Florida constitution, state statute, and case law.
33. Non-Waiver of Immunity: Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the County and the Event Sponsor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coveragel or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to
the extent of liability coverage, nor shall any contract entered into by the County be required
to contain any provision for waiver.
34. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the Event Sponsor agree that neither the County nor the Event Sponsor or
any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this Agreement.
35. Attorney's Fees and Costs: The County and Event Sponsor agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include attorney's fees,
Holiday Isle Classic Women's Basketball Tournament
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09/27/2005 17:17
3867884441'3
PATEY
PAGE 11
courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required by
the circuit court of Monroe County.
36. Section Headinos: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
37. Entire AQreement: The parties agree that the Agreement above constitutes the
entire agreement between the saee and Event Sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Classic Sports Events, Inc.
Attest:
BY~
President /fI. s: ~
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
By
Mayor/Chairman
,'ilONROE COUNTY ATTORNEY
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