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Staff recommends motion to receive and file - Palm Beach County

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					                                                      Agendaltem#3.M.1.

                             PALMBEACHCOUNTY
                         BOARD COUNTY
                              OF     COMMISSIONERS

                               AGENDAITEMSUMMARY

MeetingDate: December
                    18,2012                         [X] Gonsent         [ ] Regular
                                                    [ ] Ordinance       [ ] PublicHearing
Department: Parksand Recreation

SubmittedBy: Parksand Recre?tion
                               Department

SubmittedFor: Parksand Recreation
                                Department


                                           BRIEE
                                  r.ExEcuTrvE
Motion and Title: Staff recommends                                               executed
                                                                          original
                                   motion to receiveand fite: the following
Entertainment
            Contractor  Agreement a community
                               for             event

                                                                                on
   Peter Noble, The Blunts Family Circus concert;Canyon Town Center Amphitheater,
   October6,2012.


Summary:The Parksand Recreation   Department produced popular
                                                     a                eventat our Canyon
                                                               cultural
Town CenterAmphitheater. This eventwas attended an estimated persons
                                                by              425       and generated
positivesupportand goodwillfor the County. ln accordance  with County PPM CW-O-051,   all
delegatedcontracts/agreements/grants be submitted the initiating
                                   must            by             Department a Receive
                                                                            as
and Fileagendaitem. The Entertainment
                                    Contractor                                on
                                               Agreement beenfullyexecuted behalf
                                                        has                            of
the Boardof CountyCommissioners  (Board) the County
                                        by                                        Director
                                                    Administrator/Director/Assistant
of the Parksand Recreation           in
                          Department accordance    with Resolution2008-1109,amendedby
Resolution2010-0644. is nowbeingsubmitted the Board receive file. Pistrict (AH)
                    and                     to         to        and           5


Backgroundand Justification: The Entertainment
                                             ContractorAgreement, Resolution2008-1109,
amended Resolution
         by           2010-0644,was adoptedby the Boardto streamline process hiring
                                                                    the        of
entertainmentfor Countysponsoredevents. The Board granted                           of
                                                                             Director
                                                         the Director/Assistant
Parksand Recreationauthority execute
                            to      Entertainment
                                                Contractor           for
                                                          Agreements entertainment  up
to $t0,000, with contractsbetween$10,000and $50,000requiring  the County Administrator's
        and
approval contracts  over$50,000requiring
                                       Boardapproval.

The Parksand Recreation  Departmentproduces         activities promote quality life in the
                                             cultural        to         the      of
communities serveby providing setting people cometogether enjoya wide variety
             we                  a       for        to               to                  of
         low cost
relatively         qualityentertainment.
                                       The eventswe     producehave been well receivedby
residents lookingcloserto homefor affordable entertainment duringthese challenging  economic
times,and these eventsalso encourage  outsiderentalsof the facilityfor privateand commercial
events.


Attachment: Entertainment
                       Contractor
                                Agreement

                       ?e                                            ,11       '
Recommended
        ,r,            Z)          C-<                              " /)G/,:
                        Department
                                 Director                               Date


Approvedby:
                                                                       /Ly''/,-
                             tant GountyAdministrator
                                        II.FISGAL    ANALYSIS
                                                IMPACT
A. FiveYearSummary Fiscallmpact:
                 of
FiscalYears                      2013              2014           2015            2016             2017

GapitalExpenditures              -0-                   .0.        -0-              -0-             -0-
OperatingCosts                   900                   -0-        -0-                              -0-
ExternalRevenues                 -0-                   -0-        -0-              .0-             .0-
ProgramIncome(County)            -0-                   -0-        -0-              .0-             -0-
In-KindMatch(Gounty)             -0-                   .0.        -0.              -0-             -0-

NETFISCALIMPACT                   .O-                  -0.        -0.              .0-             -0-

           FTE
# ADDITIONAL
POSITIONS(Cumulative)              0

ls ltem lncludedin CurrentBudget? Yes _         No
BudgetAccountNo.:        Fund 0001 Department580 Unit 5207
                         Revenue Source_Object 3401 Program

             Sourcesof Funds/Summary Fiscallmpact:
B. Recommended                     of

                                 Entertai
                                        nmentContracto
                                                     r                      Revenue Expense
              Peter Noble                                                        $o    $900
                                                                     TOTALS      $0    $900


c. Departmentat Review:
           Fiscaf    ill'                          F

                                         III.REVIEWCOMMENTS

A. OFMBFiscaland/orContractDevelopment ControlGomments:
                                     and



                                                                                                         ,tta-
                            "rYa-       t-,

                                              \\
B. LegalSufficiency:
                                       \-q


C. OtherDepartment
                 Review:




   Department
           Director

Thissummary notto be usedas a basis payment
          is                       for

        Facilities
G:\Special       Division\Agenda & AgreementsWmphitheaters\Entertainment\Agenda
                              ltems                                                          revsied.docx
                                                                       ltems\Entertaiment-Dec2012

                                                             2
                   ENTERTAINMENT
                              CONTRACTOR AGREEMENTFOR
                PALMBEACHCOUNTY                DEPARTMENT
                               PARKS& RECREATION
This Agreement madeas of the e 6 Oayot$4$^ [neojg
              is                                             by and between                   a
                                                                            Palm BeachCounty, Political
Subdivision the Stateof Florida, andthrough Boardof Commissioners,
          of                   by            its                                referred as the "County"
                                                                      hereinafter      to
and PeterNoble,an Independent Contractor,         referred as "Contractor".
                                        hereinafter       to

                                           WITNESSETH:
             the                                                    referred as the "Event"at
     WHEREAS, Countydesiresto hostan Rockand Bluesconcert,hereinafter       to
Canyon
     TownCenter
              Amphitheater,       refened as the "Facility'';
                         hereinafter     to               and

      WHEREAS, partof the Event, County
                 as                the             to                wttichshallconsist a five piece
                                             desires hireentertainment,               of
bandcalled"TheBluntsFamilyCircus",        referred as "Entertainment";
                                 hereinafter      to                and

       WHEREAS,        desires provide
              Contractor     to                 to          at           during Event;
                                                                                     and
                                     Entertainment the County the Facility     the

     WHEREAS,        has           ability, equipment provide
            Contractor the knowledge,     and       to                     for
                                                            suchEntertainment the
County;
      and

              providing
       WHEREAS,                                serves publicpurpose;
                      Entertainment the Facility
                                 at                 a              and

              bothparties
       WHEREAS,         desireto enterintothisAgreement.

                         in     of         covenants promises
      NOWTHEREFORE, consideration the mutual       and              herein, County
                                                            contained     the    and
Contractor
         herebyagreeas follows:

  1.     Recitals:
                 Theforegoing                                      herein reference.
                            recitals trueandcorrect are incorporated
                                   are            and                    by

  2.     Term: The Contractor    shallcommence Entertainment
                                                   its              services Saturday,
                                                                            on            October 6th,2012 at
         4:00pmandshallcomplete services Saturday,
                                      all          by           Octoberdn,2}12at 11:59pm.
          Pavments Contractor:
                     To             County   shallpayContractor totalamount
                                                                  a                           Nine
                                                                                not-to-exceed Hundred
                           for
         dollarc($900.00) Entertainment       services described
                                                       as            abovewhichshall be paidto Contractor  upon
         completion the performance the Entertainment
                     of                   of                                                             by
                                                              services the Facility, uponverification County
                                                                       at             and
         thatall services havebeenperformed accordance thisAgreement. Contractor
                                                 in             with                lf           cancels failsto
                                                                                                        or
                 at
         appear the Event,     Contractor County
                                           and         shallnegotiate alternate
                                                                      an                                    lf
                                                                                  datefor the Entertainment. an
         alternative for the Entertainment
                    date                        cannotbe negotiated   withinthree(3) daysaftercancellation,
         Contractor  shallfullyrefund County's  deposit withintwo(2) daysof written notice County an
                                                                                           by       that
         alternative for the Entertainment
                    date                        cannotbe negotiated.   Contractor furnish its expense
                                                                                 shall        at           all
         transportation andfromthe Event
                        to                                  All
                                               and Facility. transportation,        foodandlodging
                                                                              travel,                expenses  are
         included the not-to-exceed
                  in                   amount   mentioned  above.
  4.     Taxes: The County exempt
                             is      frompayment Florida
                                                 of                                           will
                                                            StateSalesand UseTaxes. TheCounty sign
         an exemption  certificate
                                 submitted the Contractor. Contractor
                                         by                The                             frompaying
                                                                        shallnot be exempted
         salestax to itssuppliers materials
                                 for                              obligations the County, is Contractor
                                           usedto fulfillcontractual        with          nor
         authorized usethe County's Exemption
                    to                Tax          Number securing
                                                            in        suchmaterials.

          The Contractor  shallbe responsible payment itsownand its shareof itsemployees'
                                            for       of                                  payroll,payroll
          taxes,and benefits respect thisAgreement. is alsoacknovMedged agreed the County
                             with       to               lt                   and       by             and
          Contractor the service
                     that           hereinprovided the Contractor a professional
                                                   by            is             serviceand thatthe County
                   paying
          is neither       SocialSecuritybenefits withholding
                                                 nor          taxes                   compensation
                                                                   fromthe Gontractor's            for
          saidservice.The Contractor           all    and
                                      assumes liability     responsibility payment his/her
                                                                        for      of       ownFICAand
5.             Responsibilities:
     Contractor's

     A. Contractor provide
                 shall               as                                            of
                                                      described Exhibit"A", theScope
                          Entertainment moreparticularly      in
        Work,            and          herein reference,
                    hereto incorporated
             attached                      by

                 Performance begin 7:00pmandendat 9:00
     B. Contractor's      shall  at                   pm.

                may      at
     C. Contractor arrive theFacility begin
                                    to     setting at 4:00pm , butshall
                                                  up                  arrive later
                                                                            no    thanninety
        (90)       piior
           minutes to thescheduled Entertlinment andshall
                                                time       have completed sound
                                                                          all     checksand
                if         at                    prior
                                thirty minutes to thescheduled
        warm-ups,applicable,least     (30)                                     time.
                                                                   Entertainment

                  shall
     D. Contractor break   down remove equipment other
                               and       all      and     materials brings theEvent
                                                                  it     to
        immediately completiontheEntertainment, shall
                   upon         of              and                  in
                                                       leave Facility thesame
                                                           the                condition
        theFacility in prior conducting Entertainment.
                  was      to         the
                                                            (55)    eachset.
                   Entertainment consist twosetsof fifty-five minutes
     E . Contractor's         shall    of

                  Entertainment
     F. Contractor's           includes following
                                       the             entertainers performers,
                                                   other          and         whichmaynotbe
              without
        altered      priorCountyapproval:    Noble, Jones,
                                         Peter      Jim      RichieSchmidt, Teresa
                                                                          and             '
                                                                                   Schmidt.
        Contractor appear perform stage at least
                 shall      and         on     for            percent
                                                         ninety      (90%) thescheduled
                                                                         of
        Entertainment Failure adhere thisprovision result a downward
                    time.       to       to            shall    in                  in
                                                                            adjustment
        compensationpayable Contractor.
                           to            Countyshallbethesoledecision               this
                                                                     maker to whether
                                                                         as
        provision beencomplied
                has              with.
                                                                            with
     G . Contractor perform Entertainment forthin thisAgreement accordance all
                  shall     the            set                  in
                 association/governing rules regulations, in a competent,
         applicable               body      and        and               professional,
                                                                                    safe,
                      manner fullregard thesafety the
         andresponsible     with        for      of    participants wellastheFacility.
                                                                  as

      H . Palm    County established Office thelnspector
              Beach    has        the     of           General PalmBeach
                                                             in             Code,
                                                                       County
         Secflon       -
                 2-421 2-440, maybe amended. Inspector
                              as                The                authority
                                                           General's        includes is not
                                                                                    but
         limited thepower review
                to         to            present proposed
                                     past,     and        County         transactions,
                                                                contracts,           accounts
         andrecords, require production records, to audit,
                     to       the          of       and                 monitor, inspect
                                                             investigate,       and      the
                                  its
         activities theContractor, officers,
                  of                        agents,       andlobbyists order ensure
                                                  employees          in      to       compliance
         withcontract requirements detect
                                  and      corruption fraud.
                                                    and

         Failure cooperate the lnspector
                 to         with                                                      shall
                                           General interfering or impeding investigation
                                                 or          with        any
         be in violation PalmBeach
                       of           County
                                         Code,Section     -
                                                     2-421 2-44A, punished
                                                                  and      pursuant Section
                                                                                  to
         125.69,        Statutes, thesame
                  Florida       in       manner a second
                                               as         degree  misdemeanor.

                   or
      t . Noalcohol illegal
                          drugs shall consumed Contractor, employees agents to,during
                                     be       by        its       or      prior
                      to                while     property.
          or subsequent the Entertainment on County

      J . County provide sound
               will    the                                Entertainment,more
                             equipment lighting Contractor's
                                    and       for                    as
                            in
                   described Exhibit"8", attached
         specifically                           hereto incorporated
                                                     and                           All
                                                                   herein reference. other
                                                                         by
         equipment,instruments,                                                   for
                               supplies props identified Exhibit"B'nthatarenecessary the
                                      and     not      in
         Entertainment be provided transported Contractor.
                      shall          and          by        County          no          for
                                                                   assumes responsibility
         anyitems materials Contractor at theFacility.
                  or         of         while

      K. TheEntertainment contain profanity,
                         shall     no        obscene                       or
                                                     language, gestures, anyother
                                                              lewd                    material
         offensive thegeneral
                 to          community.ShouldContractor to comply thisprovision, County
                                                      fail         with           the
         maywithhold paymerrt Contractor, Contractor
                            to         and         hereby  waivesentitlement saidpayment.
                                                                          to
         Contractor     understands future
                  further         that     opportunitiesperform theCounty
                                                      to        for         maybewithheld.

      L. Contractor    representshasinspected Facility thattheFacility in proper
                 further       it           the      and             is                for
                                                                               condition
                       Contractor perform.
         theEntertainment,     will

      M . Allvehicles       to        or                   or     shallbe parked the
                                                   employees agents
                    belonging Contractor Contractofs                           in
         assigned prior thebeginning theEvent.
                area  to           of
     N. County             all       services theEntertainment, Contractor be responsible
                shallprovide electrical     for              but        shall
        for allnecessary        cords other
                        extension    and           equipment.
                                             related

                       requirements as specialty
     O. lf anyadditional          such                                            applicable
                                                                         memberships
                                                                    and/or
                                                             licenses
                                                certifications,
                          are
        to the Entertainment  required,      shall
                                     Contractor   attach copyof each thisAgreement Exhibit
                                                         a            to          as
           rcr.

     P. Contractor                                                                                 at
                   shallnot use or permitthe use of any pyrotechnics any type duringits Entertainment
                                                                   of
        the Event.

                                                             exhibitor activityat the Eventotherthan
                 shall not undertake participate any business,
     Q. Contractor                 or          in
        hereinspecified.

     R. Contractor                                with all federaland statelawsand regulations all
                 shallcomplyin all materialrespects                                          and
                 county
        applicable     and cityordinances regulations.
                                           and

6.                           of
     Cancellation Postponement Event:
                and

     A. In caseof inclement whether  (i.e.hurricanes,thunderstorms,  tornadoes, flooding,etc.),Actsof God,
        riots,strikes,epidemics,and similarcircumstances   affectingpublicsafety,as determined   solelyby
        County, Countymay cancelor postpone Agreement providing
                 the                                this           Oy            Contractor with at leastfour
        (4) hoursnoticepriortothe scheduled    Entertainment. Uponcancellation to inclement
                                                                                 due              whether,
        b6unty and Coniractor  may negotiate  another datefor Entertainment the Facility Contractor,
                                                                             at            by
        uponthe sametermsand conOitions thisAgreement.In the eventan alternate
                                            of                                          datecannotbe
        agreedupon by both partieswithinthree(3) days aftercancellation,   Contractor shallfully refund
        C6unty's'depoiit witnintwo (2) daysof wiittennoticeby Countythat an alternative   datefor the
        Entertlinment  cannotbe negotiated.In the eventan alternate   date is not negotiated accordance
                                                                                            in
        herewith,           shall
                   Contractor     not be entitled payment,
                                                 to          and Countyshallnot be liableforany lost profits
        or damagesclaimedby Contractor.Countyreiervesthe right,withoutliability      therefore, evacuate
                                                                                                to
                    duringany activityin progress
        the Facili-ty                             whereit is deemednecessary the safetyof the general
                                                                                for
        public, patrons, guests.
                        or

     B . Intheevent sickness actsof nature prevent
                    of         or             that        Contractor performing Entertainment
                                                                   from          the             as
         scheduled,Contractor fulfill obligationsthisAgreement substituting
                              may       the          of              by                  artist,
                                                                                 a similar    with
         thepriorapproval Couniy.lf a substitute performs Entertainment,
                         of                      aftist       the            Contractor refund
                                                                                        shall
                 fuil
         County's deposit   immediately, County
                                         and       maypaya lower             amount thesubstitute
                                                                  not-to-exceed      to
         artist.County Contractor alsonegoiiate
                       and           may               another for EntertainmenttheFacility
                                                             date               at           by
         Contractor, thesame
                   ujlon          terms conditions thisAgreement. theevent alternate
                                         and          of              ln        an         date
         cannot agreed
                be       uponby bothparties                                   Contractor
                                                  three(3)daysaftercancellation,
                                             within                                     shall
         immediately refund         full
                           County's deposit,

      c.   County adjust
                  can                performance deemed
                          Contractor's         as         necessary conclude Entertainment
                                                                   to        the
           early, consultation Contractor. inthe reasonable
                in          with           lf              discretion County,
                                                                    of               is
                                                                             Contractor not
           perfbrming Entertainmenta professional
                    the            in             manner accordance thisAgreement,
                                                        in            with
                      Entertainment becanceled
           bontractoi's          may           early thisAgreement beterminated,
                                                    and                shall          and
           Contractor immediately
                    shall               all
                                  return deposits              to
                                                  paidby County Contractor.

      D. County terminate Agreement
               may          this                 cause
                                           without    upon      (7)
                                                          seven days   priorwritten.notice
                                                                                        to
                   County
         Contrictor.-     shallnotbe liable Contractor anylostprofits damages
                                          to         for            or         claimedby
         Contractor.
                   Upon  Larlytermination County,
                                        by        Contractor refund
                                                          shall     County's deposit
                                                                            full           two
                                                                                      within
                          of
         (2)daysafternotice termination.

           Contractor terminate Agreement written
                    may           this       upon          mailed theCounty least
                                                      notice    to          at    thirty(30)
           working
                 days                  bnd            refund deposits
                                             immediately
                       friorto theEvent, shall             all      paidby County
                                                                                to
           Contractor.
7.    PerforminqRights: Countyshall endorse Contractor's or likeness,
                                   not      the           name            except County
                                                                               the        may,
      photographand/o, recordboththeaudio visual
                                         and      aspects theEntertainment, thesolepurpose
                                                        of                 for              of
      iuture-pr6motiontheEvent.County
                     for               agrees it shallnottransmit
                                             that                       fromtheFacility, thetime
                                                                 directly             at
      of theEntertainment, partof such-rec.-ording a specific
                         any                  absent        writtenagreement between parties
                                                                                    the        to
      theAgreement permitting transmission.
                             such

8,    Independent                                                      is
                                                understood theContractor an independent
                         Status:lt is specifically
                 Contractor                             that
      contractor nofan ernptoyee theCounty.'The
               and             of                  County Contractor
                                                        and               that Agreement
                                                                    agree this.            is
      nota contract employmeni thatno relitionship Employer/Employee
                  of         and                    of               or Principal/Agent shall
                                                                                     is or
               hereby ihall hereafter by reason theperformancetheservices
      be created     nor               exist        of           of                 specified'
                                                                               herein

9.    Assiqnment: Contractor notassign,
                           shall                 or
                                          transfer otherwise
                                                           encumber Agreement anyparty
                                                                     this           or
      thereof, anymanner
            in            without prior
                                 the    written                              aqreg{thatno
                                               consent theCounty.lt is further
                                                      of
                  amendment alteration theterms conditions
      modification,         or         in         and          containedherein shall effective
                                                                                   be        unless
               in
      contained a written
                        document   executed thesame
                                           with        formality equal
                                                               and      dignityherewith.

10.   Representatives: County's
                   The        representative thisAgreement Donald
                                           for           is           telephone 561-966-
                                                                 Percz,       no.
                        representative thisAgreement Peter
      7030.TheContractor's          for             is         telephone 561'252'6443.
                                                          Noble,        no'

11.   lndemnification:  Contractor conduct activities Entertainment theactivities
                                   shall       its           and                and              and
                     of
      Entertainmentitsagents,      employees subcontractors Facility notto endanger person
                                            and                   at the        as                  any
      thereon to indemiity hbtd-harmless County, officials,
              and               and                the         its         agents employees and
                                                                                  and              from
      against claims,
             all              actions,
                         suits,       damages,              expenditures
                                                 liabilities,             or causes action,
                                                                                   of         includingattorney's
      feesandcosts,   whethei trialor appellate
                              at                  levels othenrvise,
                                                         or            arising of or inanywayconnected
                                                                              out                           to
      theactivity inactivity
                 or          of           its
                                Contractor, agents,     employees subcontractors, resulting occuning
                                                                   or                and            or
      fromanyict, omission errorof Contract,cr,agents employees,
                             or                     its       or                                    to
                                                                              resulting or relating injuries
                                                                                      in                     to
      body, limbor property
           lifL,                                                                by
                                 sustained about of theuseof the Facility Contractor,.its
                                         in,         or                                          agents,
                 or
      emfloyees subcontraciors.      Countyshallnotbe liable anyproperty
                                                               for              damage bodily
                                                                                         or       injurysustained
      by bontractor, employees,
                     its            agents subcontractors,
                                         or                   for anycause                prior,
                                                                              whatsoever, during       or
      subsequenttheperiod timeduring Agreement. provision survive
                  to            of           this              This            shall        terminationor
      expiration thisAgreement.
                of

12.   lnsurance:  County, andthrough RiskManagement
                        by            its                  Department,   in cooperation the
                                                                                       with
      ffict-inglmonitoringdepartment, reserves rights require
                                               the      to         insurance  coveragesthroughout term
                                                                                                  the
      of thisAgriement.lfbountydetermines           is required perform Agreement,
                                            insurancJ           to          this                     shall,
                                                                                            Contractor
      at itssol6costandexpense, maintain fullforceandeffect alltimesduring life.of Agreement,
                                         in                  at                  the      this
      insurance  coverages limits
                         and      (including endorsements), as described Exhibit
                                                                          in        "D" . Contractorshall
      provide Coungwithat least (10)daypriornotice anycancellation,
              the                  ien 'The               of                               or
                                                                               non-renewal material
      change theinsurance
              to            coverages. requirementsContractor maintain notto maintain
                                                         of            to          or
      insurince notintended andshall in anymanner or
                 is          to          not              limit  qualify liabilities obligations
                                                                         the          and
      assumed Contractor
                by         under thisAgreement.County                                            to
                                                          reserves right, nottheobligation, review
                                                                    the       but
      andreject insurer
                 iny      providingcoverage  because itspoorfinancial
                                                    of                   condition failure operate
                                                                                   or      to
      legally.

13.   Notices: notices
              All      required thisAgreement be hand
                               in            shall       delivered sentby certified
                                                                 or               mail,return
      receipt       if
            requested,sent to theCOUNTY              to:
                                        shallbe mailed

                  of      Facilities
           Director Special
           PalmBeach  County     and       Department
                            Parks Recreation
           2700Sixth      South
                     Avenue
           Lake       FL
               Worth, 33461
                                           to:
           andif sent theCONTRACTOR bemailed
                    to           shall

                            Noble
           CONTRACTOR'S Peter
                    Name:
                          4743
                    Address:
           CONTRACTOR'S             Drive,
                              Dolphin            F|33428
                                            Worth,
                                         Lake

                        No:
                    Phone 561-252€443
           CONTMCTOR'S
14.   Remedies: Agreement begoverned thelawsof theState Florida.
               This          shall            by                   of               action
                                                                             Anylegal
      necess-aryenforce Agreementlnatt heidin Palm
              to       this               be            Beach County,        Nothing
                                                                      Florida.           shall
                                                                                    herein   be
              as
      construed creatinganyplrsonalliability thepartof anyofficer agent theCounty, shallit be
                                           on                   or      of          or
      construed giving rigfrts benefits
              as     Jny       or        hereunder anyone
                                                  to       other thantheCounty theContractor'
                                                                               and

15.               Any         executing Agreement behalf Contractor
      Authorization: individual       this        on      of        warrants or shehasfull
                                                                            he
          authority do so,andhis/her
      legal       to                           bind
                                   executionlhall  theContractor, employees,
                                                               its        agentsand
      subcontractors terms conditions
                   to the    and         herein.

16.             of                                                   this
                                   performance obligation payunder Agreement
      Availabilitv Funds:TheCounty's        and         to                      for
      subsequent yearsis contingent annual
                 ftscal              upon                                        of
                                                          for itspurpose theBoard County
                                             appropriations             by
      Commissioners.

17.          TheContractor notpledge County's
      Arrears:            shall          the      credit makeit a guarantor payment surety
                                                       or                of         or      for
                debt,obligation,
      anycontract,                                                   The
                              judgment, or anyformof indebtedness. Contractor
                                        lien,                                   furtherwarrants
      andrepresents it nls nooUtij'ation indebtedness would
                   that                or          that    impair ability fulfill terms this
                                                                                         of
                                                                   its   to     the
      Agreement.

18.   Public
           Entitv  Crimes:As provided F.S.287.132-133, entering thisAgreement performing
                                      in                by         into           or          any
      work'tnfultherancehereoi, Contractor
                               the         certifies it, itsaffiliates,
                                                   that                      subcontractors
                                                                     suppliers,           and
      consultants willperform
                  who            hereunder, notbeenplaced theconvicted
                                          have                on                  list
                                                                             vendor maintained by
      theState Florida
               of       Department Management
                                   of            Serviceswithin 36 months
                                                               the          immediatelypreceding
                                                                                               the
      datehereof.  Thisnotice required F.S.287.133(3Xa).
                            is         by

19.   Criminal History BecordsCheck: TheContractor comply theprovisions Ordinance
                                                    shall      with             of           2003-030'
                               s CfrectOrdinance                            employees subcontractors
                                                              if Contractor's
                                                  ("Ordinance"),                      or
      arerequired           Agreement enter "criticalfacility" identified Resolution
                    undeithis         to      a              as         in           R-2003-1274.  The
      Contractor acknowledgeiand  agrees allemployees subcontractors are
                                         that             ahd               who    to enter "critical
                                                                                           a
      facility" besubject a fingeiprint
              will         to            based              records
                                                      history
                                               criminal             check.Although County agrees pay
                                                                                                 to
      for aliappticaOtefOtefBl feis required criminal
                                            for             records
                                                      history       check, Contractor be solely
                                                                           the          shall
      responsible thefinancial,
                   for                    and
                                schedule, staffing   implicationsassociated complying Ordinance
                                                                          in          with
      2003-030.

20.   Severabilitv:anytermor provision thisAgreement, theapplication
                 lf                   of               or           thereof anyperson
                                                                          to         or
      circumstances to anyextent, heldinvalid unenforceable,
                    snritt,         be           or             theremainder thisAgreemqn!,
                                                                           of            9r
      theapplication suchterms provision, persons circumstances thanthose to whichit is
                    of          or         to       or            other         as
      heldinvalid unenforceable, notbeaffected, every
                or              shall             and          termandprovision thisAgreement
                                                           other               of
          be
      shall deemed                      to
                      validandenforceable theextentpermitted law.
                                                           by

21.   Entirety ContractualAqreement: County theContractor
             of                   The       and             agree thisAgreement forththe
                                                                 that            sets
                                 es,andthaitherearenopromisesorunderstandingsotherthanthose
      stated       None theprovisions,
            h-erein.   of           terms conditions
                                          and        contained thisAgreement be.added
                                                              in            may         to,
              superseded otherwise
      modified,         or       altered,
                                        except written
                                              by      instrument       bytheparties
                                                                executed          hereto.

22.   Waiver:Failure County insist
                   of      to     uponstrictperformance anycovenant condition thisAgreement,
                                                     of            or        of
      ffixecute anyrighthereincontained, notbe construed a waiver relinquishment thefailure
                                        shall            as        or            for
                    condition, right, thesameshallremain fullforceandeffect.
      of suchcovenanl,       or     but                  in

23.                    Renter
      Nondiscrimination:     warrants represents allof itsemployees treated
                                     and           that                are             during
                                                                                 equally
      employmentwrthout regard race,
                             to     color,        disability, age,national
                                          religion,        sex,                ancestry,
                                                                         origin,       madtal
            familial
      status,            sexual
                   status,               gender
                               orientation,            or
                                                identity expression'
                                                   LEFTBLANK)
                    (REMAINDER THISPAGEINTENTIONALLY
                             OF
                                                                  written
                        havesettheirhands sealsin thedatefirstabove
         WHEREOF, parties
lN WITNESS     the                      and

PALMBEACH     WITNESS
         COUNTY




                            valueexceeds
                                       $5e€0ei 10, OOO.




    & TITLE(TYPEOR PRINT)
                                                          Cwrugz*
                WITNESS

                     nffi

Approved to Formand LegalSufficiency
        as
                                         A
                                   EXHIBIT




S-cope Work
     of


Saturdav.                     BluntsFamilv
        October 2012PeterNoble/
              6th.                        Circus

             will                        (55)
TheContractor perform (2)setsof fifty-five minutes
                       two                          eachof live(notpre-recorded)
     at
music Canyon  TownCenter            Contractor or maynottakeone(1)ten(10)
                          Amphitheater.       may
minute break. County review mayeditContractors
            The      will     and                  performance listoneweek
                                                               song
prior performance.
    to            Performance is from7:00
                            time          pmto 9:00pm.Sound   check begin 6:00
                                                                    will   at
pmand'conclude6:30pm.Instruments,
              by                  equipment microphones
                                            and            willnotbe moved    the
                                                                          after
sound      has
      check been   completed.

            will   all
TheContractor supply soundequipment                      plus
                                   adequate thisperformance, backline,
                                         for
extension    ampsandnecessary
        cords,             cables,
                                        B
                                  EXHIBIT



       Provided
Equipment


Saturclav.                    BluntsFamilv
        October 2012PeterNoble/
              6th.                        Circus

TheCounty NOTprovide sound
        will       a      system thisproduction
                               for

TheCounty provide (2)light
        will    two      treeswithfour(4)- par64 canspertree(500wattseachcan)'
                                      C
                                EXHIBIT


                            andiormemberqhips
                     licenses
        certifications.
Sp,ecialtv



Not required this performance
           for
                                    D
                              EXHIBIT


lnsurance


Notrequired thisperformance
          for

				
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