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11/12/1997FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between the Board of County Commissioners of Monroe County, Florida, (hereinafter referred to as the "BOCC") and Florida Keys Discovery, Inc. (hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contract to the BOCC has recommended to the Monroe County Tourist Development Council (herinafter "TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event; THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. BOCC shall pay a sum not to exceed $2,820.00 (Two Thousand and Eight Hundred and Twenty Dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, for production of Florida Keys Discovery Lectures on January 10 through April 25, 1998. Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department. The advertising and promotion budget for County funding may be altered as to the individual line items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. 2. Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit B, attached hereto. 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, shall receive payment of work in progress upon submission of documented invoices associated with said event. 3. Event Sponsor shall reimburse BOCC for any amount of funds expended by BOCC in connection with an event which does not occur as a result of any act or omission by Event Sponsor. 4. Event Sponsor 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. Should event involve the serving or distribution of alcoholic beverages, Event Sponsor shall obtain prior to the event a Liquor Liability insurance policy naming Monroe County as a co-insured. 5. Event Sponsor shall maintain records pursuant to generally accepted accounting principles for three (3) years after the event and shall permit BOCC and its agents and employees access to said records # roo-so Abld Oit#Wl 6. BOCC may terminate this agreement withpUf dA1166-.ion providing written notice to Event Sponsor no less than sixty(60) day§,,prbT.10-thjE[4Wht and may terminate for breach upon providing to Event Sponsor notice at least seven? ys prior to the effective date of the termination. GZ Z WY 41Z PION �9, a 8 V J 7. Event sponsor is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI. 8. Event Sponsor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former COUNTY officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the COUNTY may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present COUNTY officer or employee. 9. "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. " f.4 N`WITNESS WHEREOF, each party has caused this Agreement to be executed by its dul ,authorized representative, the /ZM day of MWilf�l997. (SEAL) Boar f County Commissioners Attest: Danny L. Kolhage, Clerk of o oe Co ty Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Florida Keys Discovery, Inc. UK Witness APPROVED AS TO FO b1 AND Al SUFFICI i BY NNE 4. UT -TON ATE Z' August 19, 1997 EXHIBIT A REVISED BUDGET ALLOCATED MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL EVENT UMBRELLA FUNDING, FY 1997-98 FLORIDA KEYS DISCOVERY LECTURES (1998) January 10 to April 25 Total Amount Allocated (Multi -District Request): $2,820 By District, Amount Allocated: I Key West $ 1,410 III Marathon - IV Islamorada 1,410 ADVERTISING BUDGET ADVERTISING - BROADCAST $ 420 Radio Ads ADVERTISING - PRINT $1,830 Newspaper Display Ads Brochures & Flyers ADVERTISING - POSTAGE & DELIVERY $ 320 TOTAL ALLOCATED AMOUNT BUDGETED FOR ADVERTISING*: $2,670 *Note: Advertising will be handled by J. T. / Solares Hill Design Group in Key West PUBLIC RELATIONS BUDGET 250 ONE PRESS RELEASE / Stuart Newman Associates EXHIBIT B Florida Keys Discovery presents twenty-four free educational lectures in 1998, all of which fit under the banner of "exploring everything unique and wonderful about the Florida Keys." Program topics cover Keys history, culture, arts, natural surroundings and recreational opportunities. 1998 Schedule*: January District I: January 15, 29 District III: January 10, 17, 24 District IV: January 22 February District I: February 12, 26 District III: February 7, 21, 28 District IV: February 5, 19 March District I: March 19 District III: March 14, 21, 28 District IV: March 12, 26 April District I: April 16 District III: April 4, 18, 25 District IV: April 23 *If an emergency situation necessitates last-minute cancellation of a given program, Event Sponsor will offer the same program on a replacement date.