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10/18/1995Destination Events Agreement THIS AGREEMENT is entered into this 181�h day of aC' , 1995, by and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC) and the Florida Keys Corvette Club NOW, THEREFORE, and in consideration of the mutual covenants, contained herein the parties agree as follows: 1. The BOCC agrees to pay up to three thousand dolfars.703,000.0 fq z for 3rd Annual "Corvettes in Paradise" covering a period from Nolibmber 9-10, 1996 from tourist development tax funds (See Exhibit A). County shill fund advertising and promotional activity at up to 10% in -county with balance out of county; 2. Scope of Services: The Florida Keys Corvette Club agrcees provide the County with an 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 Tourist Development Council (TDC) and 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 the Florida Keys Corvette Club 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. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. Only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid. 5. Accounting: Financial records of the Florida Keys Corvette Club 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: No changes or modifications to this Agreement shall be made, including but not limited to the Scope of Services. Line item changes to the advertising and promotion budget, shall not exceed 10% of the larger line item amount. No budget amendments are permissible once the BOCC has approved the contract. 1 7. Breach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the BOCC reserves the right at its discretion, provided such breach is material to terminate the services in this agreement for any misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by the Florida Keys Corvette Club. 8. Termination: 120 days after the date of the event, the agreement 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 Event Sponsor except for those reasons in paragraph 20, then Event Sponsor agrees to refund to the BOCC any amounts already paid to them under this agreement, and relieve the BOCC from any further payments. The Florida Keys Corvette Club 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: The Florida Keys Corvette Club 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: The Florida Keys Corvette Club covenants and 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 services provided, event sponsored, or other activities and funding associated with this agreement. 12. Insurance Requirements: The Florida Keys Corvette Club , as a pre- requisite of the Special Event governed by this agreement, shall obtain, at its own expense, insurance as specified in this section. The Florida Keys Corvette Club shall provide to the County, no later than 20 days prior to the event, satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this agreement. Acceptance and/or approval of the Florida Keys Corvette Club's insurance shall not be construed as relieving the Florida Keys Corvette Club from any liability or obligation assumed under this agreement or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies. The minimum limits acceptable for Commercial General Liability shall be: $1,000,000 Combined Single Limit (CSL) Recognizing that the event governed by this agreement may involve the sales and/or distribution of alcoholic beverages, the Florida Keys Corvette Club 's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is no more restrictive than the Florida Keys Corvette Club's General Liability policy. 13. Permits: The Florida Keys Corvette Club will secure all required permits, licenses including but not limited to occupational licenses. 14. Taxes: The BOCC and TDC are exempt from Federal Excise and State of Florida Sales Tax. 15. Finance Charges: The BOCC and TDC will not be responsible for any finance charges. 16. Relation of BOCC/TDC: It is the intent of the parties hereto that the Florida Keys Corvette Club shall be legally considered as an independent Event Sponsor 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. 17. Disclosure: The Florida Keys Corvette Club shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The Florida Keys Corvette Club 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. 18. Assignment: The Florida Keys Corvette Club 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 BOCC. 19. Compliance with laws - Nondiscrimination: The Florida Keys Corvette Club, 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 3 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. 20. Force Majeure: The Florida Keys Corvette Club 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 the Florida Keys Corvette Club has 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 or BOCC, the Florida Keys Corvette Club must furnish evidence of the causes of such delay or failure. The Florida Keys Corvette Club shall not resume its performance hereunder unless provided for in the Scope of Services. 21. Governing LawNenue: 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 the Florida Keys Corvette Club 22. Security Protection: The Florida Keys Corvette Club agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 23. Ownership: All advertising and promotion work performed under the agreement and paid for by the BOCC and TDC shall be the property of the BOCC and TDC, for whatever use and/or disposition the BOCC and TDC may deem appropriate. 24. Media rights: The TDC 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 TDC under this agreement. 25. Logo: All promotional literature and display advertising with the exception of generic advertising must display the Florida Keys and Key West logo/trade mark (as per enclosed). 26. 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. 27. Authority: Each of the signatories for the sponsor below certifies and warrants that: CI 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 agreement for the sponsors and c) this agreement has been approved by the sponsor's Board of Directors. 28. Ethics Clause: The Florida Keys Corvette Club warrants that he/it has not employed retained or otherwise had act on his/its behalf any former County office or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion terminate this agreement without liability and may also, in 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL) Florida Keys Corvette Club Attest: d- (SEAL) Attest: DANNY L. KOLHAGE, Clerk By 0,C. Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayogithairman Approved as to jorm and legal sufficiency by: Date: 5 EXHIBIT "A" Out of County In County Banners Trophies Production/Brochures/Flyers Direct Mail TOTAL $3,000.00 rur FLORIDA KEYS CORVETTE CLUB FXH (es� T I P.O. 80X 420807 SVMMERLAND KEY. FLORIDA 33042 U, Aug.3rd, 1995 ECEIVEp AUG - a copy of the Itinerary for our upcoming 96 Event. 3rd Annual " Corvettes in Paradise" Friday, 12 Noon: Club members on site to park &•Assist weekend participants. Registration: Fri, Nov.8th, 1996 2 PM - 8 PM Hospitality & Welcome Room Open 5 PM - 8 PM Saturday, November 9th, 1996 8 AM - 11 AM: Show Registration 11:30 AM Judges meeting & Walk thru show field 12 Noon: Judging Starts 4 PM: Awards Presentation 50/50 Drawing & Prizes Sunday, November loth, 1996 9 AM - 1 PM: Best Overall Fun Pick for Charity From Show Participant Display Sincerely yA A SOCIAL ORGANIZATION FOR CORVETTE ENTHUSIASTS MEETINGS AT 7:30 P.M. ON THE Q SECOND TUESDAY OF EVERY MONTH PRESIDENT- MARIE CUCULINO 3.05-872-9641 VICE PRESIDENT- CHUCK SWANK 305-745-9106 TREASURER- JOHN HULETT 305-745-2894 SECRETARY DONNA MOORE 305-872-9163 SWORN STATEMENT PURSUANT TO SECTION 287433(3)(a), FLORIDA STATUTES_ ON PUBLIC ENTITY CRUvIES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMIIVISTER OATHS.. 1. This sworn statement is submitted to / D, by 1p name for [print D v[do 's na a nd UU [print name of entity submitting sworn statement] whose business address is t?a.61)X 6eWSo and (if applicable) its Federal Employer Identification Number (FEIlN) is — 0(0 7 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutesmeans a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of 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 political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "Conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes means: 1. 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 "affiliate" 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. S. I understand that a "person" as defined in paragraph 287.133(1)(e), F�otida Statutes 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 officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belie4 the statement which I have marked below is true in relation to the entity, submitting this sworn statement. [indicate which statement appUes.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the 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. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the 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. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 297.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] � 19Q 4 Sworn to and subscribed before me this o� day of C)C_ _LV-z � „� • �.` u. ., Personally Down OR Prcducrd identification (Type of identification) Form PUR 7068 (Rev. 06/11/92) Notary Public • State 'Ib A OFFICIAL NOTARY SEAL { LUCIA JACKSON My Commission =Pin INOTARY PUBLIC STATE OF FLORIDA COMMISSIO MY COMMISSION EXP.JAN. 2,1998 (Printed typed or stamped commissioned name of notary public)