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10/30/1991 AgreementFL E 0 0F, "F{�OR�' -91 NOV -7 P 1 .5 ` LOCAL MAJOR EVENTS AGREEMENT SOUTHERNMOST BOCCE LEAGUE MG THIS AGREEMENT is entered into this -, day of 1991, by and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC) and Southernmost Bocce League. NOW, THEREFORE, and in --consideration of the mutual covenants, contained herein the parties agree as follows: 1. The BOCC agrees to pay up to twelve thousand dollars ($12,000) for the Southernmost Bocce League Tournament - January 17-19, 1992 from tourist development tax funds. (See Exhibit A) 2. Scope of Services: Southernmost Bocce League agrees to provide the County with a three (3) day event as specified in the Scope of Services which is incorporated by reference (see Exhibit B). 3. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TDC/BOCC. The agencies of record, Tinsley Advertising and Stuart Newman Associates shall receive payment of work in progress upon submission of documented invoices associated with said event. 4. Payment: Any payments directly to Southernmost Bocce League or vendors associated with said event shall be as follows: Payment upon presentation of an invoice shall indicate the task completed for which payment is sought, with proper documentation attached. Upon completion of said event, a financial statement detailing all revenue and expenses utilizing generally accepted accounting principals shall be prepared, notarized and submitted by event sponsor. Stuart Newman Associates (or alternative) shall confirm compliance with the Scope of Services. All payments are specifically contingent upon availability of TDC funds. Only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid. 1 5. Accounting: Financial records of Southernmost Bocce League 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. 6. Modification: Additions to, modifications to, or deletions from the Scope of Services set forth in this contract may be made only by written mutual agreement, recommended by the TDC and approved by the BOCC. 7. Breach and Penalties: The parties agree to full performance of the covenants contained in this contract, and the BOCC reserves the right at its discretion, provided such breach is material to terminate the services in this contract for any misfeasance, malfeasance, or nonperformance of the contract terms or negligent performance of the contract terms by Southernmost Bocce League. 8. Termination: 120 days after the date of the event, the contract will be terminated. All invoices must be submitted within the 120 day period. 9. Non Occurrence of Event: If the event does not take place, for any reason under control of Southernmost Bocce League except for those reasons in paragraph 21, then Southernmost Bocce League agrees to refund to the BOCC any amounts already paid to them or their vendors, and relieve the BOCC from any further payments. 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) substantiation of the reason for cancellation and 3) person authorized to cancel including title and stated affiliation. 10. Risk of Loss: Southernmost Bocce League agrees to relieve Monroe County of all risks for loss or damage during the event not caused by BOCC or its agents. 11. Indemnification and Hold Harmless: Southernmost Bocce League, agrees to indemnify and hold Monroe County harmless for any and all claims, liability, losses and causes of action which may arise out of the fulfillment of the agreement. 2 It agrees to pay all claims and losses and shall defend all suits filed due to the negligent acts, errors or omissions of Southernmost Bocce League employees and/or agents, including related court costs. 12. Insurance Requirements: Southernmost Bocce League, shall carry during the term of this agreement public liability insurance, including bodily injury and property loss damage to cover all claims, demands or actions by any person or entity in anyway arising from the operation, of this event(s). Such liability insurance shall be in an amount not less than $1,000,000. Monroe County shall be named as additional insured under the insurance policy and such insurance shall be primary and noncontributing with any insurance carried by the County. Southernmost Bocce League, shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the event. 13. Permits: Southernmost Bocce League will secure all required permits, licenses including but not limited to occupational licenses. 14. Laws and Regulations: It shall be understood and agreed that any and all services, materials and equipment shall comply full with all Local, State and Federal laws and regulations. 15. Taxes: The BOCC/TDC is exempt from Federal Excise and State of Florida Sales Tax. 16. Finance Charges: The BOCC/TDC will not be responsible for any finance charges. 17. Relation of BOCC/TDC: It is the intent of the parties hereto that Southernmost Bocce League, shall be legally considered as an independent contractors and that neither it nor its employees shall, under any circumstances, be considered servants or agents of -the BOCC/TDC and the BOCC/TDC shall at no time be legally responsible for any negligence on the part of said successful proposer, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 3 18. Disclosure: Southernmost Bocce League shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance. Southernmost Bocce League, shall disclose to the BOCC/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/TDC. 19. Assi ng` ment: Southernmost Bocce League, shall not assign, transfer, convey, sublet or otherwise dispose of _this proposal, or of any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior consent of the BOCC/TDC. 20. Compliance with laws - Nondiscrimination: Southernmost Bocce League, 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. 21. Force Majeure: Southernmost Bocce League, shall not be liable for delay in performance or failure to perform in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where Southernmost Bocce League, have exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of the Agreement. Upon demand of TDC, Southernmost Bocce League, must furnish evidence of the causes of such delay or failure. Southernmost Bocce League, shall not resume its performance hereunder unless provided for in the Scope of Services. 22. Governing Law/Venue: This Agreement shall be governed and construed by and in accordance with the laws of the State of Florida and constitutes the entire agreement between the BOCC and Southernmost Bocce League. 4 23. Security Protection: The sponsor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 24. Antisolicitation: Southernmost Bocce League warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, termination this contract without liability and may also, in its discretion, deduct from the _ contract or purchase _ price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 25. Ownership: All advertising and promotion work performed under the contract and paid for by the BOCC/TDC shall be the property of the BOCC/TDC, for whatever use and/or disposition the BOCC/TDC may deem appropriate. 26. Media rights: The TDC shall have the exclusive 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/TDC under this contract. 27. Logo: All promotional literture and display advertising with the exception of generic advertising must display the Florida Keys and Key West logo/trade mark (as per enclosed). 28. Severability: If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 29. 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 contract for the sponsors and c) this agreement has been approved by the sponsor's Board of Directors. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. r L (SEAL) Attest: Southernmost Bocce League (SEAL) A t t •DANNY - YOLHAG Pak • .C. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MAYOR/CHAIRMAN 4 B 61 Orr O i Col EXHIBIT 'A' SOUTHERNMOST BOCCE LEAGUE TOURNAMENT - JAN. 17-19, 1992 BROCHUREIAPPLICATION $ 19800 TOURNAMENT PROGRAM 300 DIRECT MAILIPOSTAGE _ 800 ENVELOPES 350 STREET BANNERS 750 POSTERS 300 AD DESIGN T 19000 PHOTOGRAPHERIPUBLIC RELATIONS 19500 AWARDS 19000 AD PLACEMENTS 49200 $ 129000 7 , EXHIBIT `8` S1­2E2222 y 22EgT9 9I3COVE2 SOC22 !!! T 2 A 4e- 2 JANUARY 17, 1992 Committee air&or=, �:?? 2aptains meeting East Martello Mzs®nm ! Party for a2! players and their ZAT'-RDAY JANUARY 10, 1g92 e;00 Tournament Play Begins Indigenous Park, Holiday Inn Beachside, East Martello Museum - Hospitality Booth at each court location Booth will provide refreshments, concessions, information and direcICions to points of interest Eirst A;d (suinburn products) Lunch is on your own 2:92 Play concludes for the day Evening activities - events scheduled at sponsoring restaurants and social establishments 22NSAy JANUARY 19, I992 2=dn Mass fog p!£yers =dint Mary's Church 3:00 Tournament Play Resumes Indigenous Park _�.Ga Bncce Brunch for all players and guests Indigenous Park 2:2» Finals Indigenous Park s:?g Social Hour Holiday Inn Beachside 2l00 Awards Dinner Holiday Inn Beachside S FURTHER CLARIFICATION RE: PERMITS: In addition to the requirements outlined in the TDC Event contract, the Monroe County Board of County Commissioners requires Event Coordinators to adhere to the following stipulations, where applicable, as it relates to an event taking place in the Florida Keys and Key West: El necessary clean up placement of traffic cones spaced 50' apart along the entire section of road (where applicable) El barricades on side streets, easements, and driveways prohibiting access onto closed section of roadway (where applicable) El policemen directing traffic at beginning and ending of course, and also at -intersecting streets (where applicable) El public notice given through handouts and announcements to those effected by road closing (where applicable) El contact Emergency Rescue agencies supply proper insurance and hold harmless agreement as outlined in contract FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES • THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. Tars sworn statement is submitted with Bid, Proposal or Contract No. for 2 'This sworn statement Is submitted by _ 5v UT,-/,e'e ) OS?' -30C-c- (name of entity submitting sworn statement) whose business address is 1< cy &163L �/o and (If applicable) its Federal Employer Identification Number (FE N) )s (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: 3. My name is •�ysA.J G 5 ��— and my relationship to the [please print name of individual signingj entity named above is Ae 6yl 4. I understand that a 'public entity dime' as deSaed in Paragraph 2V.133(1)(g), Florida Statutes., means a violation of any state or. federal law.by a person with respect to and directly related to the transaction of business with any pubL+c entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or poHdcal subdivision of way other sate or of the United States r.:ad lavolving antitrust, fraud, theft, bribery, collursion, racketeering, star conspiracy, or material misrepresentation. S. I understand that'coavicted• or'conviction' as defined in paragraph 287.133(1)(b)..Florida Sta tttes. meant a Snding of guilt or a conviction of a public entity crime, with or without as adjudication of Wt. in any federal or state trial count of record relating to charges brought by indicmmt or infotmation after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of gQilry or nolo contendere. 6. I understand that an 'affiliate' as defined in Paragraph 287.133(1)(a), Florida Statutes, meats: L A predecessor or successor of a person convicted of a public entity crime; or 2 An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'afBIiate• includes those officers. directors, executives, partners, shareholders, employees, members, and agents who are active In the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7• a understand that a 'persons as defined in Para ()( ) Paragraph 287.133 1 e , Florida Statures, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision Of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term 'person' includes those ofdcera, directors, executivgs, partners, shareholders, employees, members, and agents who are active in management of an entiry. 8• Based on information and belief. the statement w . hick I have marked below is true is relation jo the entity submitting this sworn statement. (Please indicate which statement applies.) JJQA LAS�64, snarenowets, emptovees, members; or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. . , 4 The entity submitting this sworn statement, or,ona or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AM [Please indicate which additional statement applies.] Thero has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearing,=. The final order entered by the hearing officer did not place the person or affiliate. on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate, lxom the convicted vendor list. [Please attach a copy of the final order.] _ __ The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Departm t of General Services.] - nature] Date: a -- STATE OF COUNTY OF PERSONALLY APPEAR BEFORE ME, the undersigned authority, &.!� e - -who, after first being sworn by me, affixed his/her signature [name of Individual signing] In the space provided above on this day of 19 My commission Tres: C/ NOTARY PUBLIC; NUtARY PUBLIC, S1ATE OF FLORIDA. MY COMMISSION EXPIRES: OCT. 4. 1992. BONDED THRU NOTARY PUBLIC UNDERWRITERS. Form. PUR 7068 (Rev. 11/89)