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10/16/2002 Agreement FUNDING 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 "County") and Mel Fisher Maritime Heritage Society, Inc. (Hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contract to the County has recommended to the Monroe County Tourist Development Council (hereinafter "TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event; NOW THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. County shall pay a sum not to exceed $20,00 (Twenty Thousand Dollars) for promotion and related expenditures effective October 1, 2002, as described in the event budget, attached hereto as Exhibit A, for production of The Last Slave Ships to run from October 1, 2002 through July 20, 2003. 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. The general non-allocated section of an Umbrella event budget may be utilized for unforeseen permissible expenditures and for those budget lines that may require additional funds. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 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 TDC and County. The agencies of record, shall receive payment of work in progress upon submission of documented invoices associated with said event. Event sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30, 2003. Event sponsor also understands that the funding process through which this contract was made available by County requires event sponsors to submit their payment requests as quickly as possible and to finalize all such requests before the end of the fiscal year, if at all possible. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the event's funding to be concluded in a timely manner. In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist-based economy, Event Sponsor agrees to submit by September 30, 2003, all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after September 30, 2003, except that for events with promotional expenditures incurred between July 1 and Cultural Umbrella Funding FY 2003 The Last Slave Ships 1 September 30, 2003, invoices must be submitted within ninety (90) days of the conclusion of the event. 3. Event Sponsor shall reimburse County for any amount of funds expended by County 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 County and its agents and employees access to said records at reasonable times. 6. County may terminate this agreement without cause upon providing written notice to Event Sponsor no less than sixty (60) days prior to the event and may terminate for breach upon providing to Event Sponsor notice at least seven (7) days prior to the effective date of the termination. 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. Cultural Umbrella Funding FY 2003 The Last Slave Ships 2 10. LOQo: All promotional literature and advertising must display the "The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You Are", logo/trade mark adopted by the TDC and County on November, 2000 (as per attached). No reimbursement or direct payment will be considered unless this logo/trade mark is utilized. IN WITNESS WHEREOF, each party has caused thi~ J\greement to be executed by its d rized representative, the It:.:d. day of ~ ,2002. -0:::. ((&\ S::lJ~ / ~ ~ --....!Jj~;:; , ,,)~ --> ,~"\ ;~'~\~ 23 ,r;::--.,/ \ 6': ~-{:: (" " 1 ~{'~ ~.-~ , -c~~ Y~L Kolhage, Clerk ':r~~ DeputY Clerk Board of County Commissioners of Monroe c! Mayor/Ch Irman (CORPORATE SEAL) Mel Fisher Maritime Heritage Society, Inc. Attest: Secretary BY~ ~ \- l ~ ~ - President By. OR ~~ Witness Cl N ex::: N w -< 0 .. ~ -l (..) - <:: .l..t.. w JC =t;>= .,.J l- e:: 0- ,...... .Z 0:: ~~c a:: :::3 -uo C) I _J .(.) LL.. -~~~~ a :::>0- 0 'wo;: tJ.J :z:: :;;c -' C'--I 0 c:;.' LI..- C::~~I ""...... c--; Cultural Umbrella Funding FY 2003 The Last Slave Ships 3 EXHIBIT A SUMMARY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA APPROVED BUDGET BREAKDOWN FISCAL YEAR 2002/2003 EVENT NAME: THE LAST SLAVE SHIPS DIRECT MAIL & POSTAGE $ 500 BROCHURES, POSTERS, PROGRAMS $ PUBLIC RELATIONS $ PHOTO PROGRAM MEDIA ADVERTISING $ 16,500 T-SHIRTS, CAPS, JACKETS $ *GENERAL - NON-ALLOCATED $ 3,000 TOTAL: $ 20,000 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT AWARDI BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THIS SPECIF EXHIBIT "B" TOURIST DEVELOPMENT CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2003 NAME OF EVENT: Last Slave Ships Public events will be presented throughout the period of the exhibition in Monroe County locations Last Slave Ships Exhibition dates: October 1st, 2002 - July 20t\ 2003. The museum is open to the public every day of the year from 9:30am to 5:00pm, Sunday - Wednesday, and 9:30- 7 m, Thursda - Saturda . . . During September - January there will be a series of lectures and panel discussions. All lectures are presented free of charge to the public. · Last Slave Ships - Corey Malcom, Mel Fisher Maritime Heritage Society Director of Archaeology. Malcom has worked on this project for over two years and spearheaded all the research. Malcom will discuss slavery in Cuba (where the ships were headed), the events in Key West, and the captives return to Liberia. · Key West in the 1860s - John Viele and Tom Hambright. These two noted local historians will present their latest research on the political and social history of Key West during this period. · Slave Ships in the Florida Keys - Gail Swanson. Ms. Swanson has spent many years researching shipwrecked merchant slavers that sank in the Florida Keys. Her book on the Guerrero and her other lectures on the subject are well-known. · BlackJacks: African American Seamen in the Age of Sail- W. Jeffery Bolster discusses the role of free and enslaved Africans at sea from 1500 - 1800. (Based on his book of the same title). · Slavery in Florida - Dr. Larry Rivers, of Florida A & M, will present a lecture based on his landmark book of the same title. · Africa and Beyond - Dr. John Thorton, Millersville University, and Dr. Linda Heyward, Howard University, will discuss the political climate in Africa that continued despite the international ban on shipping captives to enslavement and will also discuss the 19th centur Dias ora. The exhibition will be accompanied by a self-guided walking tour that will take visitors to various sites throughout the city relatin to this stor , this includes Hi s Beach and East Martello. A series of exhibition receptions and previews will be held which will be attended by the media, Society members, local residents and dignitaries, consulting scholars, corporate funders, individual donors and funding agencies. Each event will result in hotel accommodations during this period. 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