Sponsorship Terms and Conditions

You are a person or entity entering into a contract with the City of Coconut Creek (“City”). The words “you” and “your” refer to either you as an individual or as representative of the legal entity that you represent. Your signature on or agreement to the document (whether hard copy or electronic) that directed you to these terms and conditions binds you to these terms and conditions. These terms and conditions are material and are hereby incorporated into the document that you signed.

Section 1. Indemnification

For adequate and sufficient consideration, you agree to indemnify, defend, and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys’ fees) in connection to loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with, or because of the document that subjects you to City’s terms and conditions.

You will be responsible for all claims, losses, liens, settlements, or judgments of any nature in connection therewith, including but not limited to, attorneys’ fees and costs to defend all claims or suits, in the name of City when applicable, as well as all costs and judgments that may arise. The City reserves the right to select its own legal counsel to conduct any defense in any such proceeding.

Such indemnification will not be limited to the amount of comprehensive general liability insurance. Nothing contained herein is intended to nor will it be construed to waive the City’s rights and immunities under the common law or Section 786.28, Florida Statutes, as amended from time to time and the limits provided for therein.

PATENT AND COPYRIGHT INDEMNIFICATION: You will indemnify, save, and hold harmless, City, its elected and appointed officials, employees, and agents from all claims, damages, losses, liabilities, and expenses arising out of an alleged infringement of copyrights, patent rights, the unauthorized or unlicensed use of any material, property or other work in connection with or arising out of the document directing you to these terms and conditions.

Section 2. Insurance Requirements

Insurance may be required for this Agreement depending on the nature of the sponsorship and the Sponsor’s involvement in the event or activity, as determined by the City in its sole discretion.

• If insurance is required, you shall procure and maintain, at your own expense and for the duration of the event or activity, insurance coverage as reasonably required by the City, which may include Commercial General Liability insurance with limits not less than $1,000,000 per occurrence.
• When required, the City, its officers, employees, agents, and elected officials shall be named as an additional insured on such policies, which shall be primary and non-contributory to any insurance maintained by the City.
• You shall provide a certificate of insurance evidencing the required coverage prior to participation in the event or activity. Insurance shall be issued by a carrier authorized to do business in the State of Florida, with an A.M. best rating of A-VII or better, in accordance with the latest edition of A.M. Best’s Insurance Guide, that is acceptable to the City.
• Failure to maintain required insurance coverage may result in suspension of participation or termination of this Agreement.
• Violation of any of the insurance terms will constitute a breach of this Agreement.

Section 3. Accident Prevention

You must exercise reasonable care and precaution at all times for the protection of persons and property on the premises. Safety provisions of all applicable laws and ordinances must be strictly observed. The City reserves the right to expel any person from municipal property who is causing a disturbance, is conducting themselves in violation of City rules, regulations, ordinances, or whose conduct or activity presents a safety risk or public nuisance. Neither the City nor any of its offices, agents, or employees will be liable to you and/or your company for any damage that may be sustained by you and/or your company for the City exercising this right.

Section 4. Independent Contractor

You and your employees, volunteers, and agents are independent contractors under this Agreement. The provisions of your services under any contract will not in any way be construed to create a partnership, association, or any other kind of joint undertaking or venture between you and the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement will be your responsibility.

Section 5. Non-Exclusive Contract

This Agreement is non-exclusive.

Section 6. Compliance with Laws

You must comply with all statutes, laws, ordinances, rules, regulations, and lawful orders of the United States of America, State of Florida, City of Coconut Creek, and of any other public authority, which may be applicable.

Section 7. Permits, Fees, and Licenses

You must secure and pay for all permits and governmental fees, licenses, and charges necessary for the proper execution and completion of the services you provide.

Section 8. Taxes

You must pay all applicable sales, consumer use, and other similar taxes required by law.

Section 9. Conflict of Interest

You acknowledge and agree that no person under your employment who presently exercises any functions or responsibilities in connection with your services has any personal financial interests, direct or indirect, with the City. You also acknowledge and agree that, in the performance of your services, no person having such conflicting interest will be employed. Any such interests, on the part of you or your employees, must be disclosed in writing to the City.

You must familiarize yourself with the conflict-of-interest laws of the City’s Code of Ordinances, Broward County, and the State of Florida, Chapter 112, Florida Statutes, as amended from time to time, and you must fully comply in all respects with the aforementioned laws.

You warrant that you have not employed or retained any person employed by the City to solicit or secure any contract with the City and that you have not offered to pay, paid, or agreed to pay, any public official or person employed by the City any fee, commission, percentage, brokerage fee or gift or any kind, contingent upon or resulting from the award of a contract.

Section 10. Warranties of Vendor

You warrant that your services will be performed in a workmanlike manner, and that such services, including all material and equipment provided will conform to professional standards of care and practice in effect at the time the work is performed, be of the highest quality and free from defects, whether patent or latent, and be merchantable and fit for the ordinary purposes for which they are intended.

You warrant that: you will comply with all applicable federal, state, and local laws, regulations, and orders in carrying out your obligations; the consummation of the services will not result in the breach of any term or provision of or constitute a default under the indenture, mortgage, contract, or agreement to which you are a party; you do not have any financial interest in marketing the City’s debt, or financial interest with investment banks or underwriters associated with the City’s proposed debt issues; and, you are not insolvent, you are not in bankruptcy proceedings or receivership, nor are you engaged in or threaten with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on your ability to perform your obligations.

No warranty, express or implied, may be modified, excluded or disclaimed in any way by you and all warranties will remain in full force and effect subsequent to the provision of all specified services.

Section 11. Assignment and Subcontracting

You are prohibited from assigning or transferring your rights, title, or interest and you may not delegate any of your duties and/or obligations undertaken by you without the City’s prior written consent.

Section 12. Anti-Discrimination

Section 13. Termination and Cumulative Remedies

The City may, without cause and without prejudice to any other right or remedy, terminate this Agreement for the City’s convenience whenever the City determines that such termination is in the best interest of the City. Upon your receipt of the City’s notice to terminate for convenience, you must promptly discontinue all performance, service, and/or work at the time and to the extent indicated on the Notice of Termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminate portion of the contract and refrain from placing further orders and subcontracts except as they may be necessary, to complete any continued portions of the work.

The remedies expressly provided to the City will not be deemed to be exclusive but will be cumulative and in addition to all other remedies in favor of the City now or hereafter existing at law or in equity.

Section 14. Entire Agreement

Section 15. Attorney's Fees

If a party institutes any legal action to enforce any provision of this Agreement, they shall be entitled to reimbursement from the other party for all costs and expenses, including reasonable attorneys’ fees incurred by them, provided they are the prevailing party in such legal action, and provided further that they shall make application to the court or other tribunal, for an award of such costs and expenses.

Section 16. Choice of Law and Venue

The parties hereby agree that the only laws that apply to this Agreement are those of the State of Florida and U.S. Government. The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place exclusively in the Seventeenth Judicial Circuit in and for Broward County, Florida and that all litigation between them in the federal courts shall take place exclusively in the United States District Court for the Southern District of Florida.

Section 17. Joint Preparation and Interpretation

It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly the rule that a contract is to be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties.

The titles and headings contained in this Agreement are for reference purposes only and will not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement include the other gender, and the singular includes the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article, including all subsections thereof, unless the reference is made.

Section 18. Severability; Waiver of Provisions

Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.

Section 19. Conflict

In the event of conflict between this Agreement and the terms and conditions set forth in any Exhibit attached hereto, the terms of this Agreement will control. Except as expressly and explicitly provided for in this Agreement, any term, condition, or webpage link to any terms or condition contained in any Exhibit attached hereto shall have no force or effect.

Section 20. Uncontrollable Circumstances (“Force Majeure”)

As used herein, “Force Majeure” means the occurrence of any event that prevents or delays the performance by either party of its obligations hereunder which are beyond the reasonable control of the non-performing party. Examples of "Force Majeure" include, but are not limited to, acts of God, natural disasters or emergency governmental action. To invoke this section, immediate written notice, consistent with the “Notice” provisions of this Agreement, must be sent by the non-performing party describing the circumstances constituting force majeure and proof that the non-performance or delay of performance is a direct and reasonable result of such event(s). The City reserves its right to challenge your invocation within five (5) calendar days of receipt of said notice, in such case uninterrupted performance in required. However, in the event the invocation is accepted by the City, you shall take all reasonable measures to mitigate any and all resulting damages, costs, delays, or disruptions to your performance requirements under this Agreement. All obligations must resume when the circumstances of such event(s) have subsided, or other arrangements are made pursuant to a written amendment to this Agreement.

Section 21. Notice

The following provisions will apply whenever services are performed and/or you are present on municipal property.

Section 22. Public Records

5. IF THE YOU HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO YOUR DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT 954-973-6774, PublicRecords@coconutcreek.gov, 4800 West Copans Road, Coconut Creek, FL 33063.

If you do not comply with this section, the City shall enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with state law.

Section 23. E-Verify Requirements

Section 24. Scrutinized Companies and Countries of Concern per Sections 287.135, 215.473, & 287.138, Florida Statutes

You hereby certify that you: a) have not been placed on the Scrutinized Companies that Boycott Israel List, nor are engaged in a boycott of Israel; b) have not been placed on the Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (formerly the Iran Petroleum Energy Sector List); and c) have not engaged in business operations in Cuba or Syria. If City determines that you have falsely certified facts under this section, or if you are found to have been placed on a list created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in a boycott of Israel after the execution of this Agreement, City will have all rights and remedies to terminate this Agreement consistent with Section 287.135, Florida Statutes, as amended. The City reserves all rights to waive certain requirements of this section on a case-by-case exception basis pursuant to Section 287.135, Florida Statutes, as amended. Beginning January 1, 2024, the City must not enter into a contract that grants access to an individual’s personal identifying information to any Foreign Country of Concern such as: People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, unless you provide the City with an affidavit signed by your authorized representative, under penalty of perjury, attesting that you do not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. Beginning January 1, 2025, the City must not extend or renew any contract that grants access to an individual’s personal identifying information unless you provide the City with an affidavit signed by your authorized representative, under penalty of perjury, attesting that the you do not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. Violations of this section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida.

Section 25. Human Trafficking Affidavit

When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty or perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes.

Section 26. Antitrust Violations; Denial or Revocation under Section 287.137, Florida Statutes

Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list (electronically published and updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. By entering this Agreement, you certify neither you nor your affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement. False certification under this section or being subsequently added to that list will result in termination of this Agreement, at the option of the City consistent with Section 287.137, Florida Statutes, as amended.

Section 27. Environmental/Social Activism under Section 287.05701, Florida Statutes

Pursuant to Section 287.05701, Florida Statutes, as may be amended, the City cannot give preference to you based on social, political or ideological interests as defined in the statute. You are also prohibited from giving preference to any of your subcontractors based on the above-mentioned factors. Violations of this section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida.

Section 28. Foreign Gifts and Contracts

You must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes. Pursuant to Section 286.101(7)(b), Florida Statutes: “In addition to any fine assessed under [§ 286.101(7)(a), Florida Statutes], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per §14.202, Florida Statutes] for good cause.”