FY2004 03/17/2004
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 23,2004
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Hanc~
Deputy Clerk CY
At the March 17, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Amendment to Interlocal Agreement between Monroe County and the Islamorada Village
ofIslands to extend Agreement until September 30,2004, for the Amphitheatre project.
Amendment to Interlocal Agreement between Monroe County and the Islamorada Village
ofIslands for the Fishing Pier project to extend Agreement until March 31,2005.
Amendment to Interlocal Agreement between Monroe County and Old Firehouse
Preservation, Inc. for the Fire Station NO.3 project to extend until September 30,2004.
I Turn Key Events Agreement between Monroe County and Exclusive Sports Marketing,
Inc. covering the Publix Family Fitness Weekend/Coca-Cola Classic TriatWon Series on August
13-15,2004 in an amount not to exceed $20,000, DAC V, FY 2004 Event Resources.
Turn Key Events Agreement between Monroe County and Upper Keys Community Pool
covering the Orange Bowl Swimming Event and Winter Training in an amount not to exceed
$15,000, DAC V, FY 2004 Event Resources.
Turn Key Events Agreement between Monroe County and Key West Tourist
Development Association covering Fantasy Fest 2004 in an amount not to exceed $115,000.
Turn Key Events Agreement between Monroe County and Key West Investment
Syndicate, Inc. covering the Marathon Offshore Grand Prix on May 14-16, 2004 in an amount not
to exceed $120,000, DAC III, FY 2004 Event Resources.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator wlo documents
County Attorney
Finance
File j
Turn Kev Events Aareement
This AGREEMENT dated the /7 ~ay of fi1,/feLt/2004, is entered into by and
between the BOARD OF COUNTY COMMISS'IONERS 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. SeoDe 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. Accountina: Financial records of Exclusive Sports Marketing, Inc.
pertaining to this project shall be kept on generally recognized accounting principles
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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 Reauirements: 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
specified 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
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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
TOC 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
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Publix Family Fitness 2004
* 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 Reaulations: 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 SOCC and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
13. Finance Charaes: The SOCC and TDC will not be responsible for any
finance charges.
14. Relation of SOCCrrDC: 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 SOCC and TDC, and the SOCC 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.
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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. Assianment: 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. 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 rade, 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. Loao: 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 logo/trade
mark is utilized.
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Publix Family Fitness 2004
21. Severabilitv: 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. Authoritv: 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 Entitv 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. SOCC shall not pay for any services or activities, promotional or otherwise,
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Publix Family Fitness 2004
connected with an event produced after the date(s) described in paragraph 1 and
Scope of Services.
25. Entire Aareement: The parties agree that the Agreement above
constitutes the entire agreement between the BOCC and Exclusive Sports Marketing,
Incoo
t s agreement the
IN WITNESS WHEREOF, the parties hereto have
day and year first above written.
(SEAL)
Attest:
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~~Mr'DANNY L. KOLHAGE, Clerk
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eputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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